Examination of the challenges facing the law on exchange of fugitives between Zanzibar and other jurisdictions
Ali Msellem Khamis, Gift Kweka
Customary international law and treaties have evolved over the centuries by the willing and active commitments of nations among other things to subdue criminal tendencies by punishing fugitive offenders who attempt to escape from justice by seeking refuge in other nations. The law which regulates extradition in Tanzania is the Extradition Act, Cap.368 (Act. No.15/1965). Under Section 1, the Act applies both in Mainland Tanzania and in Zanzibar. Although extradition by its nature is a non-union matter as it relates to legal affairs but it is regulated as if it is union matter. One of the problems of this research is that, Zanzibar cannot enter into extradition agreement as such matter is an international one and Zanzibar does not have qualities of a State with mandate to enter in international treaties. Another problem is the difficulties to initiate procedures for arresting fugitive from Zanzibar particularly when a person faces certain criminal charges and decides to run away from Zanzibar to escape prosecution. The methodology used in this study is library oriented. It also dwelled on the finding information from legal institutions and knowledgeable people by questionnaire and interview. The research found that arresting a person under extradition requires following procedures which are provided for in the respective law, to initiate extradition procedures in Zanzibar means a fugitive is brought before the court under unlawful procedures. The research recommended the existing law on extradition should be amended to consider the situation of Zanzibar on the matters relating to extradition.
Ali Msellem Khamis, Gift Kweka. Examination of the challenges facing the law on exchange of fugitives between Zanzibar and other jurisdictions. International Journal of Multidisciplinary Research and Development, Volume 8, Issue 7, 2021, Pages 01-03