a person arrested should be brought to the court within 24 hours or as soon as practicable.
In addition to this, section 33 requires every officer in charge of a police station to report
to the nearest magistrate within 24 hours or as soon as practicable, cases of all persons
arrested without warrant within his respective stations, whether or not such persons have
been admitted to bail.
Legal representation to every one is guaranteed under Article 13(6) of the Constitution.
Under the Legal Aid (Criminal Proceedings) Act Cap 21 of RE 2002, persons accused of
capital offences like murder are given free legal aid. Under the Medium Term Strategy
(MTS) within the Legal Sector Reform Programme (LSRP) of 2005/06-2007/08 the
Government has formulated strategies to ensure that the indigent, disadvantaged and
vulnerable are given free legal represent. The Government has also allowed various civil
society organisations to provide legal representation to the indigent, disadvantaged and
vulnerable. The courts also recognise the right to fair access to justice. This was reiterated
in the case of Julius Ndyanabo vs AG, CA where the Court of Appeal of Tanzania
which is the Highest in the ladder ruled out the requirement in elections cases of
depositing five hundred million Tanzanian Shillings as security prior to the hearing of
cases. The court stated that, such an amount of money was so much on
th~
higher side for
a commoner or poor Tanzanian, hence an obstacle to access to justice.
ARTICLE 8: CONSCIENCE AND RELIGION
Everyone in Tanzania is entitled to his conscience or freedom of thoughts and is able to
decide what is right and wrong in the affairs that concerns him. This is guaranteed by
Article 19 of the Constitution.
With regard to religion, Tanzania is a secular state. The profess ion, practice, worship and
propagation of religion are free and private affairs of the individuals and the conduct and
management of religious bodies is not part of the functions of the State. This is expli citly
111
provided for, under Article 19 of the Constitution following the 14 amendment to the
union Constitution.
Tanzania is a vast and diversified country in which there are
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