Addressing Legal and Procedural Challenges in Electronic Evidence in Tanzanian Primary Courts

The increasing use of digital communications and electronic transactions has created significant challenges concerning the admissibility, authentication and evidential weight of electronic evidence in Primary Courts in Tanzania. Historically, the evidentiary framework governing Primary Courts did not expressly provide for electronic evidence, creating uncertainty regarding its reception and treatment. The Magistrates’ Courts (Rules of Evidence in Primary Courts) (Amendment) Regulations, 2026 introduced Regulation 8A, which expressly permits electronic evidence in Primary Court proceedings and applies the Electronic Transactions Act to its admissibility and treatment. This article examines the extent to which the current legal framework addresses the legal and procedural challenges relating to the admissibility, authentication and evidential weight of electronic evidence in Primary Courts. The study adopts a qualitative legal research approach based on doctrinal analysis of relevant legislation, subsidiary legislation and judicial decisions, complemented by analysis of scholarly literature on electronic evidence in Tanzania. The study finds that the 2026 amendment has substantially resolved the principal legal uncertainty concerning the reception of electronic evidence in Primary Courts. However, significant procedural challenges remain regarding the authentication, tendering, recording, preservation and assessment of the evidential weight of electronic evidence. While section 19 of the Electronic Transactions Act provides substantive criteria relating to reliability, integrity and identification of the originator, these standards are not supported by sufficiently detailed procedures adapted to the simplified nature of Primary Court proceedings. The article therefore argues that the effectiveness of Regulation 8A depends on translating the existing statutory standards into practical procedures suitable for Primary Courts. It recommends that the Chief Justice issue simplified Practice Directions specifically governing electronic evidence in Primary Courts and that Primary Court magistrates receive appropriate training to ensure their consistent application