Sentencing Reform in Tanzania: Moving From Uhuru to Ubuntu?

Abstract

The scholarly literature on sentencing reform has largely overlooked Africa. The paucity of legal scholarship is particularly striking with respect to Tanzania, one of Africa's largest and most populous countries. This article explores the first significant sentencing reform in Tanzania's history. In 2020, the Tanzanian judiciary issued a comprehensive set of sentencing guidelines for courts to follow. Until this point, sentencing was a highly discretionary stage of the criminal process. Courts had wide discretion, and the Tanzanian penal code offered very little guidance with respect to the exercise of that discretion. After providing a brief summary of the sentencing regime, we explore the innovative guidance contained in the reforms. At the conclusion we discuss the extent to which the Tanzanian reforms reflect core African values of Ubuntu, or more specifically in the case of Tanzania, Ujamaa, the philosophy promoted by Tanzania's first President, Julius Nyerere.