Legal Aspects of Search and Seizure in Respect of Wildlife and Forestry Offences Forestry Offences

Abstract

Article 16 (1) of the Constitution of the United Republic of Tanzania, 1977 guarantees, among others, respect and protection to every person, the privacy of his own person, his family and of his matrimonial life and respect and protection of his residence and private communications.2On the other hand, Article 16 (2) enjoins the state authority to lay down legal procedures regarding the circumstances, manner and extent to which a person’s right to privacy, security of his person, his property and residence may be encroached upon without prejudice to the guarantee under Article 16 (1).

A number of laws have, therefore, been put in place to regulate the circumstances and manner in which a search and seizure can lawfully be executed for the purposes of policing and law enforcement for the greater good of our nation. In this context, since any search and subsequent seizure are essentially an encroachment into a person’s right to privacy, security of his person and his property, they can only be justified if they are executed within the ambit of the applicable law.

This article briefly examines the applicable procedure for executing searches and seizures under the laws regulating the wildlife and forestry sectors as well as the general law governing criminal procedure in the country.