From FAUSTINE KAPAMA-Judiciary of Tanzania in Kigali
The Judge in Charge of the High Court of Tanzania, Tabora Sub-Registry, Hon. Dr. Adam Mambi has called for establishment of guiding rules and principles, to facilitate easy admissibility of computer-generated evidence during trials.
Hon. Dr. Mambi made such an appeal when presenting a topic on “admissibility of computer-generated evidence” at the Commonwealth Magistrates’ and Judges’ Annual Conference, held at Kigali Convention Conference here in Rwanda.
“Many countries do not have these rules and principles, which are crucial in the administration of justice as far as admissibility of electronic evidence is concerned. In fact, this is not the duty of the legislature or government, these rules are made by the Chief Justice....
“…Therefore, availability of these principles will facility easy admissibility of this kind of evidence. It is like what we have now, the sentencing rules and guidance, which are helping Magistrates and Judges in imposing proper sentences to convicted offenders,” he said.
Hon. Dr. Mambi explained that electronic evidence is central not only to the investigation and prosecution of forms of cybercrime, but also to traditional crime cases in general.
He pointed out that computer-generated evidence is an important resource in today's court room in all proceedings and that much of the evidence presented in the courtroom consists of different types of computer output.
According to him, courts are struggling to come up with foundation requirements on admissibility of computer-generated evidence and, at the same time, protect the opposing party against human or machine error and unreliability.
He explained that initially most courts relied on the best evidence Rule as the most reliable evidence and electronic evidence did not meet strict requirement of the best evidence and hearsay rule.
The Judge in Charge pointed out that the Judiciary of Tanzania has played a great role in determining various cases involving admissibility of electronic evidence.
He cited several cases, including Trust Bank Tanzania vs Le-marsh Enterprises Ltd, Joseph Mbui Magari and Lawrence Macharia, High Court of Tanzania, Dar Es Salaam Commercial Case No.4. Of 2000.
Other cases are Lazarus Mirisho Mafie, Mis Shidolya Tours &. Safaris Vs. Odilo G. Kilenga A. M. Gasper, Comercial Case No.10 of 2008, Mohamed Enterprises (Tanzania) Limited... Vs Tanzania Railways Corporation & The Attorney General, Civil Case No. 7 Of 2021 decided at Dar Es Salaam in 2023.
He also cited the case of Stanley Murtthi Mwaura Versus the Republic...... Criminal Appeal No. 144 Of 2019: CAT, the Director of Public Prosecutions versus Mohamed Mussa Ussi and three others and that of AMI TZ Limited vs Prosper Joseph Msele, Civil Appeal No.159 of 2020, among others.
The Judge in Charge explained some of principles and principles, which could be considered on the admissibility of electronic evidence, including the reliability and accuracy of the manner or method in which it was generated, stored or communicated.
Hon. Dr. Mambi explained that the reliability of a computer's output, is the most important factor in determining whether data should be admitted into evidence and whether such evidence carry any weight.
He mentioned other factors as the integrity of the information and communication system, which relates to how sound the data, whether complete or damaged, manner of proof and presumption of the integrity, method of identifying originator and other relevant factors and accuracy of the computer system, among others.
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