Edward Hoseah is the director general of the Prevention and Combating of Corruption Bureau in Tanzania. Dr. Hoseah is also the president of the Eastern Africa Anti-Corruption Authorities. He serves on the executive committee of the International Anti-Corruption Authorities and is also a board member of the International Society for the Reform of Criminal Law. He is a member of UN Group of Experts on the UNCAC and an Advocate of the Tanzania Bar. Dr. Hoseah holds a PhD from the University of Dar es Salaam, Tanzania; an LLM from Queen's University, Canada; and an LLB From University of Dar es salaam. Dr. Hoseah is the author of several articles in the African Society of International and Comparative Law and Journal of Management (Mzumbe University in Tanzania) and contributed an article in the book New Trends in Criminal Investigation and Evidence. He has also written a book Essays on Combating Corruption in Tanzania and he teaches law on part-time basis at the University of Dar es Salaam, Tanzania.

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