Corruption in Tanzania: The Case for Circumstantial Evidence

by Edward Hoseah

Table of Contents

Acknowledgments

Executive Summary

List of Cases

List of Statutes

International Documents

List of Tables

List of Charts

Acronyms


Chapter 1: Corruption and Circumstantial Evidence

1.1 Background to the Study

1.2 Diversity in Corruption Theories

1.3 The Policy Response to Corruption

1.4 Background to the Problem

1.5 The Case for Circumstantial Evidence


Chapter 2: Corruption-Busting Policy Framework: Historical Background and Instruments

2.1 The Perspective of Corruption and the Tanzanian Environment

2.2 Policy Orientation to Combating Corruption

2.3 Political and Economic Environment in Tanzania

2.4 Globalisation and Corruption

2.5 The Legal Framework for Combating Corruption


Chapter 3: Examination of PCCA and Its Application

3.1 Anatomy of Corruption Offences

3.2 Mohamed Rafiq @ Baghad and Seven Others

3.3 The Highlights of the PCCA

3.4 Interpretation of Corruption Offences and the Import of Circumstantial Evidence in the PCCA

3.5 Interpretation of Corrupt Transactions

3.6 Use of Documents Intended to Mislead the Principal

3.7 Section 23: Public Officer Obtaining Advantage Without Lawful Consideration or Without Adequate Consideration

3.8 Requiring Public Officers to Account for Their Acquired Properties

3.9 Section 27: Possession of Unexplained Property

3.10 Whistle-Blower and Witness Protection

3.11 Corrupt Electoral Practices

3.12 Valuation of Property Corruptly Acquired


Chapter 4: Theories and Empirical Research on Reliability of Circumstantial Evidence

4.1 The Case for Circumstantial Evidence

4.2 Direct Evidence

4.3 Classification of Circumstantial Evidence

4.4 Traditional Meaning of Circumstantial Evidence

4.5 Authentication of Writings and Circumstantial Evidence

4.6 Weaknesses of the Direct Evidence Paradigm

4.7 The Testimony of an Expert Witness

4.8 The Application of Circumstantial Evidence

4.9 Application of Circumstantial Evidence in East Africa


Chapter 5: Circumstantial Evidence and Entrapment: The U.S. Jurisprudential Experience

5.1 The Law on Entrapment: The Defence

5.2 Doctrine of Consent

5.3 Predisposition and Induced Acts

5.4 Encouragement

5.5 Practice of Entrapment Law in the U.S. and its Relevance to Tanzania


Chapter 6: The Use of Covert Operations in White-Collar Cases and Its Rationale: An Investigative Perspective

6.1 White-Collar Crimes

6.2 Covert Operations

6.3 Surreptitious Search

6.4 Rationale for Covert Investigations


Chapter 7: Summary and Conclusion

7.1 Summary

7.2 Conclusion


References

Index


 

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