TANZANIA: DPP, 'Special corruption courts not the answer'

Written by FAUSTINE KAPAMA.

THE Director of Public Prosecutions (DPP), Dr Eliezer Feleshi, has said formation of special courts to try corruption cases was not the solution in the struggle to fight the vice in society but what was needed was rather to strengthen the capacity of the existing courts to expedite all trials.

Dr Feleshi told the ‘Daily News on Saturday’ in an exclusive interview in Dar es Salaam that the proposal to establish special corruption courts was immaterial. Rather, what was needed was to enhance the capacity of available courts to make them effective.

“Actually, some people have also called for special courts for sexual and gender based violence. For me, these proposals are immaterial,” the DPP said. His views differed with those held by a section of people, including the Director General of the Prevention and Combating of Corruption Bureau (PCCB), Dr Edward Hosea.

He added: “I would say what we need is just an effective judiciary and other law enforcement organs as well as a society interested to see an end to impunity, be it for corruption or any other offences". Furthermore, Dr Feleshi said he did not think establishing a special court without equipping it, without making the society itself to reject corrupt transactions would be the solution .

“I would appreciate views that we should train our magistrates, investigators and policemen so that when courts hear corruption and fraud cases the matters would be disposed within reasonable time,” said the man well respected for his masterly of criminal law.

He asked: “How many special courts do we have now? I am avoiding being too general because we have a High Court Labour Division as a special division. Has it been able to end or to reduce the labour disputes that are pending in courts?” He concluded, “We have another High Court, Land Division, as a special court, but still you can see drastic increase in cases involving land disputes.”

The position by the DPP comes few days after recent remarks by some people, pushing for formation of a special division for trying corruption cases. In mid last month, the PCCB Director General (Dr Hosea) underscored the need for the introduction of special courts of law to try graft cases in the country, claiming that it would help address the problem and speed up the dilivery of justice. He noted that it was high time the necessary legislation and regulations were put in place to facilitate the establishment of these special courts.

"PCCB should also be given the mandate to handle cases instead of filing charges to the Director of Public Prosecution to expedite case hearing," said the PCCB chief after opening a workshop on combating corruption for anti-corruption clubs from the city based secondary schools.

Dr Hosea further pointed out that there were a good number of countries which have introduced the special courts on corruption and that the courts have greatly facilitated the campaign against corruption. In what appeared to support the position by Dr Hosea, the Tanzania Private Sector Foundation (TPSF), at a meeting of its stakeholders, recommended the establishment of the court to deal with corruption and improve operation of the private sector in the country.

The TPSF Executive Director, Mr Godfrey Simbeye, said that dealing with corruption cases under the current system caused delays that seriously hurt businesses. According to him, the government should consider the proposal and borrow a leaf from the judicial books in Kenya and Uganda, which have such courts.

Source: Daily News (02/03/2013): http://www.dailynews.co.tz/index.php/local-news/15134-dpp-special-corruption-courts-not-the-answer