Search and Seizure Powers of the Police under the Cybercrimes Act 2015: Lesson from South Africa Best Practice

  • Tukuswiga Ikasu
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  • Tukuswiga Ikasu

    LL.M. Candidate at University of Iringa, Tanzania

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Abstract

The celebrations for communication technological advancement did not come empty-handed. On the one hand, it brought developments in the computerized communications that have guaranteed effectiveness and efficiency in that arena. On the other hand, cybercrimes have become a daily menu in the criminal justice plate. In fighting against new criminality, Tanzania enacted the Cybercrime Act in 2015. In the process of investigating such crimes, Part IV of the Act empowers the police to conduct search and seizure. With all the appreciations for the good work of the Legislature in enacting this law, it has been vividly observed that the Police wield uncontrolled and discretionary powers in that respect. The Cybercrime Act has several weaknesses such as vesting wide and inflated discretionary search and seizure powers on the police and limiting the court involvement in the process. To remedy the weaknesses, ken eye has to be opened to the countries with best practice in this area. The article does a comparative discussion between the Tanzania Cybercrime Act, 2015 with South Africa Cybercrime Act, 2020 so as to formulate some recommendations on how Tanzania can amend, rectify and improve police powers of search and seizure during computer and cybercrime investigations.

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International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 30 - 43

DOI: https://doij.org/10.10000/IJLMH.118445

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021