Bail in Tanzania – Section 148(5) Criminal Procedure Act

We understand that the High Court of Tanzania ruled on 18 May 2020 that Section 148(5) Criminal Procedure Act (which denies bail to accused persons) is unconstitutional being in contravention of Articles 13 (Right to Life) and 15 (Right to Personal Freedom) of the Constitution of the United Republic of Tanzania (see Dickson Paulo Sanga vs Attorney General, HC Miscellaneous Civil Cause No 8 of 2019).

The High Court has allowed 18 months for this to be remedied, failing which Section 148(5) shall be expunged.

A final printed version of the decision not yet available.

We understand that this decision has already been appealed by the Attorney General.

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