A CRITICAL ANALYSIS OF EXERCISE OF THE PRESIDENTIAL POWER OF PARDON TO PRE-CONVICTED PERSONS IN TANZANIA
DOI:
https://doi.org/10.35631/IRJSMI.822001Keywords:
President, Pardon Power, Limitation, Conviction, PunishmentAbstract
Article 45(1) of the Constitution of the United Republic of Tanzania of 1977 grants the President authority to exercise the power of pardon. The provision stipulates a single condition for the President of Tanzania to exercise the power. The condition is the person in whose favour the pardon is granted must have been convicted and sentenced by the courts of law. Historically, Presidents of Tanzania used this power in favour of different persons. Nevertheless, no President has ever exercised the power in favour of a person prior to conviction and sentencing of that person. This article makes a critical examination on the constitutionality of the President Samia Suluhu Hassan to exercise the power in favour of Freeman Aikael Mbowe and three others jointly charged. This is because there were calls to pardon them which were made at the time when Freeman Aikael Mbowe and others were not yet sentenced for the charges they were facing. The article applied doctrinal research methodology and finds that constitutionally, the President of Tanzania has no power to grant pardon to pre-convicted persons. The article then recommends for the Presidents of Tanzania to be vigilant about abiding by the constitution before exercising presidential power of pardon.
Downloads
References
Akintunde, S, E, (2017), A Brief Overview of Legal Informatics, Institute of Legal Informatics, Hanover
Avaliani, T., (2022), Presidential Pardon Power as a Mechanism to Maintain Constitutional Order, 2022, Available on https://constcourt.ge/files/4/Avaliani2022-1.pdf
Barry, H., (1925), The King Can Do No Wrong, Virginia Law Review, Vol. 11, No. 5
Blackstone, W. (1769), 2 Commentaries on the Laws of England, London
Carnoll, A., (2009), Constitutional and Administrative Law, Pearson EducationLimited, Harlow
Chitty, J., (1920), A Treatise on the Law of the Prerogative of the Crown and theRelative Duties and Rights of the Subjects, Joseph Butterworth, London
Cowlisbaw, R., (1975), The Conditional Presidential Pardon, Stanley Law Review
Crouch, J., (2009), The Presidential Pardon Power, the University Press of Kansas, Kansas
Duker, W. F., (1977), The President’s Power to Pardon: A Constitutional History, 18 WM & Mary Law Review
Foster, M. A., (2020), Presidential Pardon: Overview and Selected Legal Issues,Congressional Research Series, Legislative History, New York
Garner, B. A., (2004), Black’s Law Dictionary, 9th Edition, West Publishing Co., Dallas
Harrison, J., (2000), Pardon as Prerogative in Federal Sentencing Reporter, Vol. 13, No. 34, Pardon Power and Sentencing Policy
Humbert, W. H., (1941), Pardoning Power of the President, Washington D. C., American Council on Public Affairs
Mandi, I. R., (2014), Observations of the Law and Exercise of Prerogative of Mercy in Tanzania, Nyerere Law Journal
Moore, K. O., (1989), Pardon: Justice, Mercy and the Public Interest
Rugazia, A., (2014), Life Imprisonment in Tanzania with the Aftermath of Babu Seya’s Case: A Human Right Perspective, Bloomberg Law Journal
Thorpe, B., (1840), Ancient Laws and Institutes of England, Comprising Laws Enacted, London
Vedasto, A. K., (2009), The Basics of the Laws and Constitutions of Tanzania: 1920 to the Present, Mkuki na Nyota Dar es Salaam
Yasmin, N., (2003), Amnesty for War Crimes: Defining the Limits of International Recognition, International Review of the Red Cross, Vol. 85, No. 851
