CEU Electronic Theses and Dissertations, 2015
| Author | Lyakundi, Jonas Munguatosha |
|---|---|
| Title | Access to Legal Aid in Pretrial Processes: A Comparative Study of Tanzania, Malawi and South Africa |
| Summary | This study addresses the accessibility of legal aid at the pretrial stages in Tanzania, Malawi and South Africa. Its examines international, regional and national legal framework on access to legal aid in general and in particular on accessibility of legal aid at the earliest stages of criminal justice processes. This work has been accomplished by reviewing various literatures on the subject. This study has established that legal aid regimes and schemes of Tanzania, Malawi and South Africa have not adequately provided a room for accused person to access legal aid in pretrial stages. The Constitution of Tanzania does not have an express provision for the right to legal aid; there is no comprehensive legal regime for the provision of and accessibility of legal aid in Tanzania. As such, the accessibility of legal aid in pretrial stages in criminal justice is not guaranteed. In Malawi, this study established that the constitution provided for legal aid in pretrial stages. It also has comprehensive legal aid laws but the accessibility of legal aid at the pretrial stages has become problematic because of legal aid model adopted by Malawi. The Constitution of South Africa, just like that of Malawi, has the provision for legal aid at pretrial stages. It also has comprehensive laws and guide on legal aid matters. Access to legal aid during pretrial stages in criminal processes in South Africa is in away accessible in some provinces because of using mixed and flexible legal aid model. Accessibility of legal aid in pretrial stages needs a holistic approach in Tanzania, Malawi and South Africa. Legal aid models should take into account the meaningful access to legal aid in pretrial stages in order to safeguard the right of suspects, arrested, detained and an accused persons. |
| Supervisor | Professor Karoly Bard |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/lyakundi_jonas.pdf |
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