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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Cases on preventive detention: a review
Author:Quigley, John
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
Abstract:The Preventive Detention Act of 1962 gives the President of Tanzania the power to detain persons for an indefinite duration. The Act gives a broad and dangerous power to the President to detain without having to probe commission of a crime in a court of law. The increasing use of the Act in recent years has sparked calls for its abolition and for tighter legislative and judicial control. In recent years detainees turned to the courts to challenge the legality of their detention under the Act. Attorney General v. Lesinoi Ndeinai and two others is the first Preventive Detention Act case to reach the Court of Appeal of Tanzania, the nation's highest tribunal. In this case the Court of Appeal declared invalid the detention under the Act of the three applicants. This article analyses the holding of the Ndeinai case as well as its implications for situations in which other requirements of the Act are violated in the issuance of the order or in the subsequent handling of the case. - Notes.