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Legal issues surrounding the admissibility of electronic evidence in Tanzania
Get PDFTanzania has a law governing the admissibility of electronic evidence. This law brought several changes. It provides for the manner in which electronic evidence may be admitted. It also prescribes the requirements for determining the authenticity of electronic evidence. But the law seems to be incomplete and wrong in some instances. It obscures the procedure for laying the foundation of electronic evidence before its admission into evidence. Moreover, it ignores the role of digital evidence professionals in handling electronic evidence. Furthermore, the rulings of the High Court of Tanzania on the authenticity and admissibility of electronic evidence are conflicting. It is suggested that the law ought to provide for a procedure for laying the foundation of electronic evidence, and a digital evidence professional be involved in cases involving electronic evidence.
Index words: Tanzania; electronic evidence; admissibility; legal issue
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 4 14 March 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 4 14 March 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 21 1 July 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 21 1 July 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 22 2 July 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 22 2 July 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Subordination of Shareholder Loans between Creditor Protection and Rescue Culture: An Escapable Tension?
Get PDFIn financially distressed companies, shareholders have the tendency, as recorded throughout all major jurisdictions, to provide finance by way of loans for purposes of accomplishing a better position in the prospective insolvency proceedings to the detriment of the external creditors while “gambling” on the company’s resurrection. Insolvency Law seeks to intervene to limit such practices by subordinating this type of shareholder loans to the claims of the other creditors, thus upholding its nature of “creditor protection law”.This paper provides a critical overview of the existing legal framework concerning the subordination of shareholder loans and, in doing so, examines the function of Insolvency Law when dealing with it. In the first place, this paper describes the conflict in corporate law between shareholders and creditors brought about by the practice of shareholder loans. Secondly, it discusses and examines some of the rules that US Bankruptcy Law and German Insolvency Law developed in this area. Thirdly, in light of the resulting findings, the paper will focus on the issue raised concerning the lack in the norms with respect to the role that shareholder loans could efficiently perform in rescuing companies on the eve of their insolvency.It is argued in this paper that an unselective subordination of shareholder loans and the unconditioned protection of creditors should not be persistently regarded as the “panacea” . It is rather the opinion of this paper that the function of Insolvency Law in the context of shareholder loans should be reviewed by policymakers to encompass the benefit of the company as a whole
Twining’s Tower and the Challenges of Making Law a Humanistic Discipline
Get PDFThis article provides a survey of the life and scholarship of William Twining, focusing largely on his contribution to the broadening of legal education and scholarship. Part I reviews his background, personality and education, then explores the significance of Africa and his anti-colonialism, the inspiration of American legal realism, his teaching in Africa, Belfast, Warwick and UCL, his law reform efforts and his scholarly output. Part II examines his intellectual hallmarks and his struggle to recast law as a humanistic discipline. Part III considers the current efficacy of the notion of law as a humanistic discipline with law schools as purveyors of humanistic education.
Keywords: William Twining; legal education; legal biography; intellectual history; colonialism; postcolonialism
The Tower
Get PDFThe image of the tower is a potent symbol in many cultures. In the ‘Epilogue’ in Blackstone’s Tower, Twining referred to the Eiffel Tower with respect to his book. This article will instead look at the Tower of Babel, the concept of the ivory tower and the tower in which Montaigne composed his essays. It will ask what lessons universities and their law schools can learn from reflecting on these mythical and real towers.
Keywords: Tower of Babel; Montaigne’s Tower; ivory tower
Are emergency measures in response to COVID-19 a threat to democracy? Fact and Fiction – The case of North Macedonia
Get PDFThe unprecedented outbreak and spread of the COVID-19 virus in the world and its grave consequences on human health, the economy and the everyday life forced national parliaments either to change its standard work mode or transfer their constitutional competences to the executive by declaring state of emergency. The detrimental effects of this unorthodox situation, especially on functioning of democracies, government branches’ division, economic disturbances and losses of jobs are yet to be determined and analyzed. Not expecting that the virus will reach pandemic proportions, the Macedonian parliament was dissolved for early parliamentary elections that ought to be carried out by a technical government, a commitment taken from the Przino Agreement in 2015. The state had faced a unique situation to get through the pandemic with a dissolved parliament and a technical government with limited competences. The constitutional vagueness regarding the work of the parliament in emergency situations and the duration of mandate of the parliamentarians allowing for different interpretation thereof, made the situation even more complicated than before. Consequently, the Government had to propose a proclamation of state of emergency for the first time since the independence, in order to be able to adopt legally binding regulations to manage the crisis. The State President proclaimed state of emergency on 18 March 2020 that had to be extended two more times, once for an additional 30 days and another for 8 days, in order to observe the electoral deadlines for the re-scheduled parliamentary elections. Some experts have strongly argued that the government with its hands untied in these challenging and de-parliamentarized times might abuse its competences by adopting regulations that have nothing to do with the state of emergency. This paper will reflect on the unique political and legislative processes in the state and its effects on the parliamentary democracy
Should the definition of 'mental disorder' under the Mental Health Act 1983 encompass autism, for the purpose of compulsory detention?
Get PDFTo be sectioned under the Mental Health Act 1983 (MHA), an individual must meet the definition of ‘mental disorder’ as per s.1(2). Despite the scarcity in academic scholarship concerning autism within the scope of the Act , the ‘mental disorder’ definition has been considered ludicrously broad . This paper seeks to highlight that the inclusion of autism under the MHA, results in discriminatory detention based on autism-related behaviour; therefore, the removal of autism from the MHA is necessary