Public Confidence in Tanzania's Judicial System Is Strong, but Gaps in Access to Justice Remain

Despite high public confidence in Tanzania's judicial system, significant gaps in access to justice persist, primarily due to the prohibitive cost of litigation and limited awareness and availability of legal aid services. A recent Afrobarometer survey indicates that while 71% of Tanzanians trust the courts, only 35% are aware of legal aid. This article examines the constitutional and statutory framework for justice in Tanzania, highlighting ongoing government reforms, yet underscoring how financial barriers, case backlogs, and uneven distribution of legal resources continue to undermine the constitutional right to equal access to justice for many citizens.

Public confidence in Tanzania's judicial system appears robust, with a substantial majority of citizens expressing trust in the courts to deliver justice for ordinary people. A recent Afrobarometer survey reveals that seven in 10 Tanzanians (71%) feel confident that those who are wronged can obtain justice through the formal legal system. This finding speaks to the perceived legitimacy and reliability of the judiciary as a cornerstone of the rule of law in the East African nation.

However, beneath this veneer of confidence lies a more complex reality: significant barriers continue to impede genuine access to justice for many. The same survey highlights that cost and a lack of legal aid remain formidable obstacles, with only 35% of respondents aware of legal aid services in their communities. This article delves into this critical dichotomy, exploring the factors contributing to both the public's trust and the persistent challenges in accessing justice, particularly focusing on the financial implications of litigation and the efficacy of legal aid provisions within Tanzania's legal framework.

Tanzania's legal system is founded on a constitutional commitment to justice and the rule of law. Article 13 of the Constitution of the United Republic of Tanzania guarantees equality before the law and the right to equal justice for all persons, while Article 107A vests judicial power in the courts and emphasizes the timely dispensation of justice. The judicial hierarchy is structured into a four-tier system: the Court of Appeal, the High Court, Courts of Resident Magistrates and District Courts, and the Primary Courts. Primary Courts, in particular, serve as the most accessible entry point for citizens, handling a significant volume of cases at the community level.

Recognising the need to ensure legal assistance for indigent persons, the Legal Aid Act, 2017 (Cap. 21 R.E. 2023), was enacted to regulate and coordinate the provision of legal aid services. This Act defines an "indigent person" as someone whose financial means are insufficient to engage a private legal practitioner, thereby establishing a statutory basis for assistance. Complementing this legislative framework, the Tanzanian government and judiciary have embarked on various reform initiatives, including a new criminal-justice policy in 2024, recruitment of additional magistrates, expansion of primary courts, promotion of alternative dispute resolution (ADR) mechanisms, and digitisation of case management systems, all aimed at strengthening justice delivery and improving efficiency.

Despite the constitutional guarantees and ongoing reform efforts, the Afrobarometer findings reveal a nuanced picture of justice accessibility. While 71% of Tanzanians express confidence in the courts, a significant minority remains concerned about the practical aspects of engaging with the legal system. Only 58% believe they could afford to take a legal problem to court, and fewer than half (47%) are confident that their case would be resolved within a reasonable timeframe. Alarmingly, awareness of legal aid services is limited, with only 35% of respondents indicating knowledge of such provisions in their communities.

The primary impediment to justice for many Tanzanians is the prohibitive cost of litigation. Professional fees for advocates, governed by the Advocates Remuneration Rules, can range from 3% to 10% of the subject matter, depending on the complexity of the case. These fees, coupled with additional disbursements such as filing fees, court costs, and expert fees, render formal legal representation largely unaffordable for a considerable portion of the population, particularly those in rural areas where legal professionals are scarce. The Legal Aid Act, 2017, while defining eligibility for legal aid, does not establish a dedicated legal aid fund, relying instead on government institutions and development partners, such as the Legal Services Facility (LSF), for funding. This fragmented funding model, combined with low public awareness, limits the comprehensive reach and impact of legal aid services across the country.

Beyond financial barriers, systemic inefficiencies contribute to the access gap. Case backlogs and protracted delays in court proceedings remain a significant challenge, undermining the constitutional imperative for timely justice. As of June 2024, the Court of Appeal alone had 5,900 pending cases, with 1,248 unresolved for over two years. This contributes to a perception of slow justice and can deter individuals from pursuing their rights through formal channels. Furthermore, the uneven geographical distribution of judicial services and legal professionals, with a concentration in urban centers, leaves rural communities particularly underserved and often without ready access to legal advice or representation. Tanzania's ranking of 98th out of 143 countries on the World Justice Project's 2025 Rule of Law Index, with lower scores on fundamental rights and government openness, further underscores the practical challenges in ensuring equitable access to justice despite the high public confidence in the judiciary.

While the government has introduced reforms such as the 2024 criminal-justice policy, increased recruitment of magistrates, and digitisation initiatives aimed at reducing delays and improving service delivery, these efforts have yet to fully bridge the fundamental gaps in affordability and accessibility. The reliance on alternative dispute resolution mechanisms and the expansion of primary courts are positive steps, but they must be complemented by robust, well-funded legal aid schemes and sustained public education campaigns to empower citizens with knowledge of their rights and available legal recourse.

The current state of Tanzania's judicial system presents a compelling paradox: strong public confidence coexists with significant, entrenched barriers to access to justice. While the high level of trust in the courts is a testament to the judiciary's perceived integrity and independence, the practical realities of cost, limited legal aid, and systemic delays mean that the constitutional promise of equal justice remains elusive for many. This dichotomy highlights a critical area for continued focus and reform within the legal sector.

For legal practitioners, this landscape necessitates a dual approach: upholding the integrity and efficiency of the formal justice system while actively championing initiatives that expand access. This includes increased engagement in pro bono services, advocating for a more robust and sustainably funded national legal aid scheme, and supporting efforts to enhance legal literacy across communities. Addressing the identified gaps is not merely a matter of procedural improvement but a fundamental imperative to ensure that the rule of law in Tanzania is not only respected but also genuinely accessible and equitable for all its citizens.