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Citation
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Judgment date
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| January 2018 |
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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).
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11 January 2018 |
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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.
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11 January 2018 |
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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.
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11 January 2018 |
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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.
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9 January 2018 |
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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.
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8 January 2018 |