Legal Innovation or Compromised Justice? Plea Bargaining in Tanzania

Plea bargaining is increasingly recognised as a vital mechanism in Tanzania’s criminal justice system, designed to address inefficiencies and improve the effective disposal of cases. Plea bargaining was introduced in Tanzania via the 2019 amendment to the Criminal Procedure Act. It involves a process that enables negotiated agreements between the prosecution and defendants, offering reduced sentences in exchange for guilty pleas. The approach offers several benefits, including faster justice delivery, fewer court backlogs, cost savings, and opportunities for restorative justice. However, the practical implementation of plea bargaining in Tanzania remains hampered by limited public awareness, inadequate training for legal practitioners, resource constraints, and cultural and institutional resistance. Furthermore, concerns about coerced pleas and the potential to weaken the right to a fair trial emphasise the importance of robust safeguards.