High Court Corruption and Economic Crimes Division - 2018 January

5 judgments
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5 judgments
Citation
Judgment date
January 2018
A valid DPP certificate under EOCCA s36(2) justifies refusal of bail; the DPP need not state reasons.
Bail — DPP certificate under EOCCA s36(2): validity requirements (written/signed; states likely prejudice to Republic; relates to pending criminal case); DPP not required to give reasons; certificate sustains refusal of bail; effect extended under s36(3).
11 January 2018
A valid DPP certificate under EOCCA s36(2) bars bail; EOCCA s36(2) remains effective and the bail application was denied.
* Criminal procedure – Bail in economic offence cases; jurisdiction where property value is >= TZS 10,000,000; EOCCA s36(1)/(2)/(3). * DPP certificate – validity requirements: in writing, effect on safety/interests of the Republic, relates to pending proceedings (Ally Nuru Dirie; Li Ling Ling). * Filing formalities – court stamp and issuer signature sufficient; clerk's signature not essential. * Constitutional challenge – EOCCA s36(2) distinguishable from CPA s148(4) and not struck down by that decision.
11 January 2018
High Court granted bail in an economic crimes matter under EOCCA, imposing substantial security, sureties, reporting and travel restrictions.
Economic Crime – Bail – Jurisdiction of High Court under EOCCA sections 29(4)(d) and 36(1) – Bailability of offences – Judicial discretion in granting bail – Conditions: substantial cash/immovable security, government-employed surety, surrender of travel documents, reporting and verification.
11 January 2018
High Court granted bail in a high-value economic crimes case, imposing deposit, sureties, travel restrictions and reporting conditions.
* Economic and Organized Crime Control Act (EOCCA) – jurisdiction over bail applications where charged property value exceeds Tsh 10,000,000; * Bail – entitlement for bailable economic offences; * Bail conditions – deposit, sureties, surrender of travel documents, reporting and verification; * Presumption of innocence and ensuring accused’s attendance at trial.
9 January 2018
A valid DPP certificate under EOCCA bars grant of bail in economic crime cases pending trial.
* Economic crime — Bail — Jurisdiction under EOCCA s.29(4)(d) and s.36(1) where committal pending and amount exceeds TSh10,000,000; * Director of Public Prosecutions — Certificate under EOCCA s.36(2) — Validity test (written; states likely prejudice to safety/interests of the Republic; relates to pending criminal case) — Effect: bars grant of bail; * Requirement of reasons — DPP not obliged to provide detailed reasons in certificate; * Constitutional challenge — Proper forum required to impugn s.36(2) or DPP conduct.
8 January 2018