custodial sentence to enforce. This law sets out different procedures for administering
corporal punishment to adults and juveniles. A juvenile (for purposes of this Act a person
under 16 years of age) may receive up to 12 strokes of the cane, whereas adults may be
whipped for 24 strokes. Females are excluded from corporal punishment. The Penal Act
of 2004 of Zanzibar has abolished corporal punishment as a court sentence.54
Imprisonment -In the mainland, a child under 12 years of age cannot be sentenced to
imprisonment and on Zanzibar no child under the age of 14 years can be imprisoned. In
both, imprisonment is considered as a last resort.
Probation is considered the
‘appropriate sentence’ for young offenders, though because of inadequate number of
probation officers in Tanzania, custodial sentences and corporal punishment are imposed
much more frequently. Children under 16 convicted of serious offences are committed to
an Approved school. Young offenders aged 16 -21 years are imprisoned in the youth
correction centre in Wami which has a capacity of 300. Tanzania discourages lengthy
imprisonment for young offenders and prohibits the court (under its Minimum Sentence
Act No. 1 of 1972) to impose minimum sentences on juveniles under the age of 18.
Both the approved schools and the correction centre provide reformative and
reintegration programmes to prepare for reintegrate into society when discharged. They
provide counselling, life skills and vocational training. There is a primary school in the
facilities.
55
There are, however, a number of problems with the approved schools and
the correction centre including difficulties transporting young people to the facilities, and
lack of capacity in them leading to overcrowding (the capacity of the two institutions is
for only 300 persons each).
The Social Welfare Department through their Board of Visitors is responsible for
monitoring children under 16 who have been found guilty and detained in Approved
Schools. Their mandate includes investigating complaints, inspecting and testing the
quality of food and ascertaining whether facilities are provided for the education,
54
Although the Children and Young Persons Decree of Zanzibar provides that no young person shall be sentenced to
imprisonment if he can be suitably dealt with in any other way whether by probation, fine, corporal punishment, or
otherwise.
55
Between 1985- 2003 a total of 162 offenders completed their primary education in Wami centre and 28 joined
secondary education and other vocational training institutions.
62