The Impact Of Global ICT Advancement On The Administration Of Justice In The Judicial System Of Tanzania: Law And Practice
Amos Mwita Ndegi, LL.B., MBA, Principal State Attorney at the Office of the Attorney General, Dodoma, Tanzania
ABSTRACT
The sweeping progression of Information and Communication Technology (ICT) has fundamentally transformed the manner in which justice is administered throughout the world. Courts are increasingly moving from paper-based systems towards electronic filing, electronic case management, digital records, online publication of judgments, electronic payment, virtual hearings, electronic evidence and other forms of e-justice. Tanzania has similarly embarked upon judicial digitalization as part of wider judicial reforms intended to enhance access to justice, reduce delays, increase transparency and accountability, and lower the cost of litigation. The transformation is supported by the Constitution of the United Republic of Tanzania, the Electronic Transactions Act, 2015, the Evidence Act, the Judicature and Application of Laws (Electronic Filing) Rules, 2018, the Judicature and Application of Laws (Remote Proceedings and Electronic Recording) Rules, 2021, the Personal Data Protection Act, 2022 and institutional ICT strategies and programmes of the Judiciary. This article critically examines the impact of global ICT advancement on the administration of justice in Tanzania, with particular emphasis on the relationship between law and practice. It analyses the legal recognition of electronic transactions and evidence, electronic filing, remote proceedings, digital case management and electronic records. It further evaluates the practical contribution of ICT to access to justice, efficiency, case management, transparency, judicial accountability and reduction of litigation costs. At the same time, the article identifies challenges associated with inadequate infrastructure, unstable electricity and internet connectivity, limited digital literacy, shortage of ICT specialists, cybersecurity, personal- data protection, technological inequality and the possibility that digitalization may exclude litigants who lack technological resources. Recent Judiciary reports indicate substantial progress: by 2025, 205 court buildings had been connected to the Judiciary's MPLS network, while JoT-eCMS had been integrated with 13 justice-sector stakeholders. Nevertheless, technological transformation remains incomplete, particularly at lower levels of the justice system.
The article argues that ICT should not be viewed merely as an administrative convenience but as an instrument capable of advancing constitutional values of access to justice, equality before the law and timely administration of justice. However, technology cannot substitute for judicial independence, competent personnel, adequate funding, fair procedures and effective legal safeguards. The article concludes that Tanzania's next phase of e-justice should focus on inclusive digitalisation, interoperability, cybersecurity, data protection, digital literacy, integration of lower courts, reliable infrastructure and continuous review of procedural laws to ensure that technological innovation remains consistent with the right to a fair and effective judicial process.
Keywords: Information and Communication Technology, ICT, e-justice, digital courts, Tanzania Judiciary, electronic filing, electronic evidence, virtual courts, JoT-eCMS, access to justice, rule of law.
