Abstract:
Tanzania is one of the jurisdictions that follows a common law adversarial criminal justice
system. It is argued in this research that this system faces a host of challenges in addressing
the needs of victims and offenders; holding offenders accountable; repairing harm and
restoring relationships among parties; and involving the community in decision-making in
dispute resolution. As such, this study investigates the possibility of applying restorative
interventions in the criminal justice process in Tanzania Mainland. It is argued that
restorative justice is a viable system for resolving minor or non-violent cases involving adult
offenders.
In this regard, the thesis examines well-established practices of restorative justice in relation
to juvenile as well as adult offenders in North America and New Zealand, the intention being
to lay the groundwork for the development of a governing framework specifically for adultoffender
programmes; in addition, an opportunity for restorative intervention for serious
crimes is provided as an option for willing parties. It is proposed that in Tanzania Mainland, restorative justice interventions could operate in conjunction with adversarial criminal justice
as complementary justice mechanisms at different stages of the relevant processes.
However, while the experience of restorative interventions in other jurisdictions is relevant,
this research puts the emphasis on restorative justice in an African context. African
jurisprudence based on the ubuntu or utu is taken as a platform for the implementation of
restorative justice in Africa in general and Tanzania in particular. This research examines
indigenous justice practices and how their values can be incorporated in the contemporary
criminal justice system. Hence, the proposed restorative justice model in Tanzania Mainland
takes on board both modern restorative justice and indigenous justice practices.
The research is divided into nine chapters. Chapter 1 sets the scene by establishing the
rationale of this research. It identifies the challenges presented by the contemporary criminal
justice system and defines some key concepts. The chapter establishes opportunities available within the laws of Tanzania which may foster the establishment of restorative justice
programmes. The chapter further sets up the scope and provides the methodology of the
research. Chapter 2 analyses modern restorative justice by considering different definitions of
restorative justice and provides a background to the genesis of restorative justice theory. The
elements and advantages of using restorative justice are analysed in this chapter. The contemporary debates in restorative justice are listed and discussed in order to highlight the
challenges that may arise in implementing restorative justice in Tanzania Mainland. Chapter
3 discusses different types of restorative justice practices such as victim-offender mediation,
family group conferencing, conferencing circles and sentencing circles. The chapter considers
other restorative justice practices with an indigenous justice approach such as the
Zwelethemba justice model. The chapter also points out the stages under which diversionary
measures for restorative justice may be considered. Chapter 4 views restorative justice in the
perspective of indigenous justice. Hence, practices of indigenous restorative justice practices
as practiced by the Maori and Navajo tribes are evaluated. The chapter further analyses the
differences and similarities between modern restorative justice and indigenous restorative
justice practices. Chapter 5 views restorative justice with an African indigenous justice
jurisprudence. This chapter considers restorative justice in the context of transitional societies
engaged in post-conflict reconstruction in Africa. Chapter 6 considers ubuntu and ujamaa as African jurisprudence that takes on board restorative justice values. A critical analysis of
ubuntu through cases and how it has influenced the judicial thinking is addressed in this
chapter.
Chapter 7 addresses the Tanzanian contemporary criminal justice system. The chapter
establishes how victims, offenders and the community are involved in the criminal justice
process. The chapter takes a form of comparative analysis by bringing examples from other
jurisdiction which have improved the criminal justice by involving victims, offenders and the
community in dispute resolution. The chapter indicates that the contemporary criminal justice
in Tanzania Mainland is technical for lay persons to fairly argue their cases for justice. Also,
the court language concern in Tanzania Mainland which has been a controversial for years is
addressed in this chapter. Chapter 7 provides opportunities available from the laws of
Tanzania Mainland which may accommodate restorative justice in the criminal justice. The
provisions of the Constitution of the United Republic of Tanzania 1977, the Criminal Procedure Act, 1985 and the Magistrates’ Courts Act, 1984 which may harbour the
establishment of restorative justice programmes are discussed. Chapter 9 concludes the
research by posing recommendations for the Tanzania restorative justice model. The
proposed model may involve the Police, Social Walfare Officers, Village Council and Ward
Tribunals at different stages of the criminal justice process.