The Director of Public Prosecution (DPP) has been vested with powers to drop a case without giving any reasons (nolle prosequi). Do you think this is a fair practice?

NO. I think this is not fair to a country like Tanzania which has always stressed on transparency. In principle, giving someone the power to make decisions without being questioned leaves some loose ends. It is not a bad idea to give such powers to an officer, but he should be accountable and must allow people to question whatever decision they think is not properly made. This will also include the decision maker making clarifications and giving reasons to justify his or her decision in case there is a need.
Anacleth Mgoya – Agronomist.

YES. I think the powers vested in the DPP are fair. This is in respect to the nature of the legal aspect. Allowing people to question decisions made by the DPP will completely erode his freedom and hence his way of executing his or her duties will be surrounded by fear and uncertainty. This might bring in some complications in the duties of the DPP. Taking into consideration that the DPP’s duties are very sensitive, he is supposed to be independent and work with a minimum of pressure and questions from the public.
Upolo Yenga – Law student.

NO. I think such powers vested in the DPP make it an unfair practice. I can say that maybe in the past the powers seemed proper, but with the changing time and people being increasingly corrupt, the powers are no longer valued as proper. What I can say is that in a country that is well developed and corruption-free, such powers can be exercised with no question. But in a country like Tanzania, the exercise of such powers cannot be regarded as being fair.
Adam Bihela – Hotelier.

NO. I think dropping of charges by the DPP is not a fair practice. This is because, the DPP is a human being and if he is allowed, as it is the case to drop any case without the people questioning or challenging, it gives him immunity even if he decides unfairly. Such powers should have been limited to some offences but not serious offences such as murder cases. It beats me to ponder the way the law contradicts itself: A person is not guilty until proved by a court of law, but then others are proved not guilty without going to the court.
Issa Hassan – Businessman.


Compiled by Timothy Kitundu.