Contempt of Court in Tanzania – Meaning, Laws, and Punishment
Contempt of court in Tanzania is a serious offence because it threatens the authority of the judiciary and the administration of justice. Although Tanzania does not have a single law dedicated only to contempt of court, the offence is covered under the Penal Code and the Civil Procedure Code. Courts also have inherent powers to deal with contempt whenever it arises.
If you have ever wondered what amounts to contempt of court in Tanzania or what the punishment is for disobeying a court order, this article explains the basics in simple terms.
What is Contempt of Court in Tanzania?
Contempt of court happens when someone:
-
Shows disrespect to the court,
-
Disobeys court orders, or
-
Interferes with the proper running of a judicial proceeding.
It can happen inside the courtroom (direct contempt) or outside the courtroom (indirect contempt).
Legal Provisions on Contempt of Court
1. Section 124 of the Penal Code
This section deals with disobedience of court orders.
-
Anyone who ignores or disobeys an order, warrant, or command from a court commits an offence.
-
Penalty: Up to two years’ imprisonment, unless another punishment is specifically provided.
👉 In short: If a Tanzanian court orders you to do something, you must comply, otherwise you risk prison time.
2. Section 114 of the Penal Code
This section lists specific acts that amount to contempt of court, such as:
-
Showing disrespect to judges or proceedings in court.
-
Refusing to give evidence when called as a witness.
-
Causing disturbances during a hearing.
-
Publishing false or misleading reports about ongoing cases.
-
Retaking property, land, or a child after the court has given judgment.
-
Refusing to pay court-ordered compensation without a valid reason.
-
Any other intentional act of disrespect towards the court.
Punishment:
-
Up to six months in prison, or
-
A fine of up to TZS 100,000.
If the contempt happens in front of the judge, the court can immediately fine the offender or send them to prison for up to six months.
3. Civil Procedure Code (Cap 33 R.E 2019)
The Civil Procedure Code also empowers courts to handle contempt in civil cases. For example, under Order 37 Rule 2(2), disobeying an injunction can lead to punishment for contempt.
Types of Contempt of Court in Tanzania
-
Direct Contempt: Happens inside the courtroom, e.g., insulting the judge or disrupting proceedings.
-
Indirect Contempt: Happens outside the courtroom, e.g., refusing to follow a court order or publishing misleading case details.
Penalties for Contempt of Court in Tanzania
Depending on the offence, penalties may include:
-
Imprisonment (up to two years under Section 124, or six months under Section 114).
-
Fines (up to TZS 100,000).
-
Immediate punishment if the offence is committed in front of the court.
Why Contempt of Court Matters
Respect for court orders and proceedings is key to the rule of law in Tanzania. Without it, justice cannot be properly delivered. By punishing contempt, courts protect:
-
The authority of judges,
-
The integrity of trials, and
-
The rights of all parties to a fair hearing.
👉Conclusion
Contempt of court in Tanzania covers any act of disrespect, disobedience, or interference with court proceedings or orders. The law is clear: failing to comply with a court order or showing disrespect to the judiciary can lead to fines or imprisonment.
To avoid legal problems, always respect court orders and conduct yourself properly in legal proceedings.