Information and Communication Technologies and Access to Justice in Tanzania: A Critical Legal Analysis of the Emerging Digital Justice Framework

The rapid adoption of Information and Communication Technologies (ICTs) has transformed the administration of justice in Tanzania. Electronic filing, electronic case management, virtual hearings, digital court records, electronic evidence and online access to legal information increasingly form part of the country's judicial infrastructure. These developments have the potential to reduce geographical, financial, informational and procedural barriers that have traditionally constrained access to justice. However, digitalisation may also generate new barriers for persons who lack reliable internet connectivity, appropriate devices, digital literacy, financial resources or the ability to navigate technologically mediated procedures. This article critically examines the relationship between ICT and access to justice in Tanzania through a doctrinal analysis of constitutional provisions, legislation, subsidiary legislation, judicial decisions and institutional developments. Particular attention is given to electronic filing, electronic evidence, digital case management, virtual courts, digital legal information, data protection and the digital divide. The article further analyses Tanzanian judicial decisions concerning electronic filing and electronic evidence in order to demonstrate how courts are negotiating the tension between technological efficiency and procedural fairness. It argues that the digitalisation of justice should not be equated with access to justice. Rather, digital justice should be evaluated according to whether technological reforms reduce substantive barriers to justice without transferring those barriers into digital form. The article recommends a rights-based and inclusive model of digital justice combining technological innovation with procedural flexibility, alternative non-digital channels, digital literacy, infrastructure investment, cybersecurity and effective judicial oversight.