Digital Evidence and the Enforcement of Cybercrime Law in Tanzania: Legal and Investigative Challenges

Abstract

The increasing reliance on information and communication technology (ICT) has significantly transformed social, economic, and government activities, while also leading to a rise in cybercrime that requires effective legal and institutional responses. The Cybercrimes Act of 2015 (Cap. 443 R.E. 2023) is Tanzania's primary legislation for addressing cybercrimes and overseeing the collection and use of digital evidence in criminal investigations. However, law enforcement agencies face legal, procedural, and technical obstacles in investigating cybercrimes and managing digital evidence, which hamper full enforcement of this law. The study used doctrinal legal research methods and qualitatively analysed primary and secondary sources. Primary sources included the Constitution of the United Republic of Tanzania, statutes, court cases, and relevant international and regional agreements. Secondary sources comprised books, journal articles, reports, and other literature on cybercrime, digital evidence, and forensic investigation procedures. The research identified several legal, procedural, and technical challenges in investigating cybercrimes and enforcing the Cybercrimes Act, 2023 in Tanzania. It showed that, despite a comprehensive legal framework, Tanzania faces significant hurdles, including the lack of specific laws for emerging technologies, insufficient digital forensics infrastructure, limited capacity, procedural issues in preserving electronic evidence, institutional problems, and difficulties in international investigations. These challenges hinder effective cybercrime investigations, weaken prosecution efforts, and impact the admissibility of digital evidence in court.