UNIVERSITY OF DAR ES SALAAM

UNIVERSITY OF DAR ES SALAAM SCHOOL OF LAW

(FORMELY FACULTY OF LAW)

COURSE NAME: CRIMINOLOGY AND PENOLOGY

THE APPLICABILITY OF PAROLE SYTEM IN TANZANIA: CHALLENGES

AND WAY FORWARD.

By

SINA, Frank.

REG#: 2009-06-00304

Supervisor: Prof. Shaidi

Advanced paper submitted in partial fulfillment of the requirement for Masters of laws

(LL.M.) Degree of the University of Dar es Salaam.

THE APPLICABILITY OF PAROLE SYTEM IN TANZANIA: CHALLENGES

AND WAY FORWARD.

Criminals are part and parcel of our society, in fact they a product of the dynamisms and

social challenges in the society1. On the basis of this fact, various society based means of

crime prevention, control and treatment have been the developed. This includes the

parole system which is a non-custodial approach to crime prevention and control.

This paper is aimed at making an analysis of the applicability of parole system in

Tanzania. It will first conceptualize the concept of parole and trace a brief a historical

background. Further is intended to expound advantages of the system compared to other

measures of crime control and prevention.

The central theme of this paper will be on the applicability of the system in Tanzania,

herein the discussion as to how the system operates will be done. There after the

challenges that face the application o the system will be expounded. In the final place the

ways/means to improve the system will be suggested.

Parole is a French borrowed term, according to Concise Oxford Dictionary, Seventh

Edition, meaning word of honor; prisoner's promise that will not attempt escape or will

return if conditionally liberated. But professionally, we are saying parole is a conditional

release whereby an offender is getting a gradual controlled release, in preparation for

social reintegration within the society as a law abiding citizen2.

2

Parole is one of the most important devices for reducing pressure on prison institution. It

is defined as the release form penal or reformative institution of an offender who, upon

release remains under correctional authorities, in an attempt to find out whether he is fit

to live in a free society without supervision3.

It has also been defined as release method which retains some control over the prisoner,

yet permits them more normal social relationship to the community and provide

constructive aid at the time they need. It is the release after part of the sentence has been

served the prisoner remaining in custody and under stated conditions until he is

discharged and liable to the institution for violation of the conditions4.

The ultimate significance of parole is that, it enables the prisoner a free social life yet

retaining effective control over him. This is due to the fact that the prisoner is carefully

watched and if he shows the potential for collection and respond favorably to the

disciplined life inside the prison, is allowed considerable liberty and finally released to

join the society conditionally5.

To most of convicts and prisoners, parole is seen as a reward for their behavior while

there are in prison. It therefore supplements and complements the reformative approach

to criminal prevention and control6.

Parole has it origin in the America and it underwent revision on Norfolk Island in British

penal colony operated by Alexander Mancononchie who is now referred to as “the father

3

of parole”7. It was designed in mid 1800’s as an alternative to incarceration when it

became apparent that incarceration was unsatisfactory and ineffective means of

preventing further criminal behaviors to offenders8.

The idea behind parole was on humanity reason, it was believed that parole would

encourage good behavior to the prisoner while in prison, alleviate harshness of the

sentence and provide the prisoners with potential of restoration to the society9.

The parole system has its advantages compared to other methods of crime control and

prevention. The most obvious advantage is that parole is an alternative to incarceration; it

helps to alleviate the growing problem of overcrowding in prisons10. According to

Travis, the existence of effective parole system in a country, would reduce the over

clouding in prisons and reformation institution four times11.

The other positive aspect of parole system relates directly to the first advantage which is

that, parole is very cost effective means of crime control and prevention. For example in

Australia it was five times cheaper to monitor a parolee while under community control,

than to maintain a prisoner per year12.

Like wise according to the research done on parole system of Canada in 1992 to 1993, it

indicated that it did cost approximately $ 10951/= per year to keep an individual under

supervision (parole) while the costs of federal penitentiary incarceration averaged $

52953 per year13.

4

The system is cheap because the state is not obliged to cater for parolee accommodation,

food, medics, and other costs that it would have provided if the same person was in

prison.

The other advantage of parole is that, it gives convicts who are released as a parolees’ an

opportunity to rehabilitate to the community something they can do while in prison. This

is because while in prison in order to be granted parole the prisoner has to strive and

show that he has changed and that he is a good person. On the other and the parolee on

parole must to maintain integrity and good standing in the society in order to avoid to be

sent back to prison14.

Similarly parole enables the convicts to adjust themselves to the social and economical

situation of the community of the place they intend to reside upon expiry of their term of

sentence. Despite the risk of earlier release of the prisoner from jail, the risk should be

compared to the risk of releasing of offender without some translation period15.

Not only that, but also parole enables the society to participate in reforming the offender

thus preventing the possibility of future crime act by the same person. This is based on

the notion that, criminal are part and parcel of the society and product of social

dynamisms in the society16.

5

In parole system, the community is involved from initial stage when parole officer collect

relevant information available to the case. This is the information about the parolee

candidate’s previous act, any criminal conviction records and his general behaviors and

relationship with other members of the community. This enables the members of the

society to have a direct influence and control over parolee candidate upon his release on

parole.

It is urged that neither parole nor imprisonment can guarantee the prevention of

commission of the crime but at least parole system gives a prisoner a better chance to

rehabilitate. The community supervision itself represents a balance between individual

interest in avoiding incarceration and community interests in controlling potential

criminality17.

The world and Tanzania is moving towards and integrated approach as far as crime

prevention, control and treatment is concern. Therefore the concept of parole system

being part of that approach is not ignored in Tanzania; in fact the government of

Tanzania has been very pro active to the idea despite its difficulty in the perfection of the

same18.

The Ministers through cabinet meetings, members of parliament especially Parliamentary

political Affairs Committee did participate fully to see the law been passed .The Judiciary

police, regional commissioners, District commissioners, and at local level, victims of

crimes and the victims of parole candidate responded positively whenever consulted to

6

provide information and opinion in regard to establishment of the parole system in

Tanzania19.

Currently in Tanzania Main Land, all matters concerning the parole are governed by the

Parole Board Act, 199420 (herein refereed to as the “Act”) and the Parole Boards Act

Regulations, 199721, (herein refereed to as the “Regulations”). These legislations provide

for establishment Parole Board and procedures for releasing prisoners on parole and

related matters.

Two kind of parole Board exist in Tanzania these are the National parole Board and the

Regional Parole Board for every Region22. The first National Board and Regional

Boards were inaugurated in Dar es Salaam by Hon. Fredrik T. Sumaye on the 1st June

199823.

The National Parole Board is consisted of the Chairman who is a person vested with

knowledge and experience in legal matters or in administration of criminal justice, and

who is appointed by the President. Other members include the Director of Public

Prosecutions or a representative from his office, the Chief Medical Officer from the

Ministry of Health, the Commissioner for Social Welfare, and a senior officer from the

President's Office, two other members appointed by the Minister from amongst persons

of good standing in the society24.

7

On the other hand, the Regional Parole Board is consisted of the Chairman who is

appointed by the Minister and who is vested with knowledge and experience in legal

matters or in administration of criminal justice. Other members of the Board include the

State Attorney in charge of the Zone or his representative in which that region is situated,

the Regional Medical Officer, a senior Social Welfare Officer from the Regional Office,

a senior officer representing the office of the Regional Commissioner and four other

members appointed by the Minister from amongst people of good standing in the

society25.

The Inspector General of Police or his representative and the Principal Commissioner of

Prisons or his representative attends the meetings of the National Parole Board and give

advice where needed, but they are not entitled to vote in making any decision in any of

the meetings26.

Similarly the Regional Police Commander and the Regional Prisons Officer attend to

the meetings of the Regional Parole Board and give advice where needed, but they are

not entitled to vote in making any decision in any of the meetings27.

The Secretariat of the National Parole Board is in the office of the Principal

Commissioner of Prisons whereas the Secretariat of the Regional Parole Board is in the

office of the Regional Prisons Officer28.

8

In order to be eligible and qualify for parole, a prisoner must be serving a sentence of

imprisonment for a period of four years or more29. However that sentence should not be

for a life sentence, the offence of armed robbery, dealing in dangerous drugs, rape or

defilement. Further his sentence should not otherwise be commuted or subjected to a

community service order under the Community Service Act30.

Further a prisoner must have served one third of his sentence and has conducted himself

with good behavior for all of the time he was serving the sentence before he is due for

parole. While on parole a prisoner must comply with parole conditions laid down under

the Act and that the sentencing court does not prohibit the grant of parole under section

167 of the Criminal Procedure Act31.

The procedures for grant of parole are dual, the first procedure is for Officer-in-Charge

of prison , where he is satisfied that a certain prisoner meets the conditions stipulated

under Act, to propose to the Regional Parole Board that the prisoner be considered for

release on parole. The second procedure is for a prisoner who believes that he meets the

conditions stipulated herein above to make an application for release on parole to the

Regional Parole Board32.

In both procedures, the Regional Parole Board after perusing, scrutinizing and

considering the particulars and records of that prisoner. Where the Regional Parole Board

is satisfied that the prisoner is eligible for parole will forward that prisoner's name to the

National Parole Board for further scrutiny, recommendation and advice to the Minister33.

9

Criteria used for assessing the prisoner to be granted parole include the fact that, the

prisoner will not, by re-offending, present a risk to society before the expiration of his

term of imprisonment. Further, the release of the prisoner will contribute to the protection

of society by facilitating the re-integration of the prisoner into society as a law-abiding

citizen34.

The Minister may, after receiving the recommendations from the National Parole Board

on the particulars and record of a prisoner, consider and evaluate that recommendation

and where he is satisfied, grant or refuse to grant to that prisoner, release on parole. Any

decision the Minister makes must be in writing35.

The Parole Board has powers impose any conditions that it considers reasonable and

necessary in order to protect the society and to facilitate the successful re-integration into

society of the prisoner and any condition imposed shall be valid for such period as the

Parole Board may specify.36

The Parole Board may before or after the release of a prisoner relieve the prisoner from

compliance with any condition or vary the application to the prisoner of any such

condition. A prisoner who has been released on parole is duty bound to comply with all

10

instructions given by the Parole Board or any other person authorized by the Chairman of

the Parole Board37.

Every prisoner who is released on parole is furnished with a release certificate issued by

the Parole Board and an identity card issued by the officer-in-charge of the Prison. On the

release, the prisoner travel directly to his place of residence, as set out in the release

certificate save for where in the opinion of the Parole Board the circumstances of the case

so justify, the Parole Board may require the prisoner as a condition of parole to reside in a

community based residential facility.

Further a parolee has to remain at all times in Tanzania and within the territorial

boundaries fixed by the Parole Supervisor and must obey the law and maintain peace and

order. On top of that a parole has to inform the Parole Supervisor immediately on arrest

or on being questioned by the police and he is supposed, at all times to carry the release

certificate and the identity card provided by the releasing authority and produces them on

request for identification to any peace officer or Parole Supervisor. Where instructed to

report to the police as instructed by the Parole Supervisor38.

Other conditions include an obligation to inform the Parole Supervisor immediately of

any change in his residential address, in his occupation, including employment,

vocational or educational training or volunteer work, in his domestic or financial situation

and, on request by the Parole Supervisor, any change in his family situation and that may

reasonably be expected to affect his ability to comply with the conditions of parole.

11

Lastly but not least not to own, possess or have the control of any weapon, except as

authorized by the Parole Supervisor39.

The officer in charge of a prison on receipt of the Parole Board decision shall release the

prisoner after the prisoner has furnished personal bond and security and has thoroughly

understood the conditions of his release on parole or any other condition which the Parole

Board may impose on such prisoner. The officer in-charge of a prison is duty bound to

explain thoroughly the parole condition as set out in the release certificate issued by the

Parole Board40.

A prisoner released on parole is under the supervision of a Parole Supervisor for the

unexpired period of his sentence. The parolee supervisor serves the following purposes,

maintain contact with the parolee in order to ensure compliance with the conditions of

release, provide appropriate supervision including counseling, verification of the

parolee's behavior, employment status, and referral to agencies and relevant

individuals41.

When a parolee breaches any condition of parole and the Parole Supervisor is satisfied

that it is necessary and reasonable to suspend the parole in order to prevent a further

breach of any condition or to protect society. He has to notify the parolee of the intention

to suspend the parole and the parolee is required within seven days to give reasons why

the parole should not be suspended.42

12

If the reasons given by the parolee do not satisfy the Parole Supervisor, the police is

asked to apprehend the parolee and send him to prison pending the determination of the

court on whether or not to revoke the parole. Within seven days from the day the parolee

is sent back to prison, the Parole Supervisor shall bring to the notice of the court his

intention to recommend the revocation of the parole and his recommendations must

contain the reasons for the revocation.

The court within thirty days set a date for the hearing of the case to determine whether or

not the parole is to be revoked43

The Court, on receiving information from the Parole Supervisor or any other authorized

person, of the breach by the parolee of the conditions of parole, serves a notice on the

parolee, to show why the parole should not be revoked. The Parole Supervisor may

request the court to revoke the prisoner's parole after hearing him or where he does not

present himself, without hearing him44.

The Court may revoke the parole order and commit the parolee to prison if it is proved

that the parolee has breached any of the parole conditions. The other instances where

parole may be revoked is on request by the Minister for national interest in writing or

where if the parolee is convicted of any criminal offence while on parole45.

Where a parolee breaches any of the parole conditions the following punishments may be

awarded, namely parole shall not be released on parole in future unless he has completed

13

one third of his sentence and the officer-in-charge of a prison is satisfied that the parolee

may not commit any further breach of parole conditions.

In addition to serving one third of his sentence, the court may impose a sentence of not

more than six months imprisonment. The court may order the parolee to serve the whole

of his sentence in prison without the option of parole.

Where parolee without sufficient reasons does not report to a Parole Supervisor he may

be arrested by a police officer or Parole Supervisor as the case may be, without a warrant

and be brought before a court of competent jurisdiction to show because why he shall not

be committed to prison to serve his unexpired sentence.

A parolee who commits any fresh offence during his parole period he shall be re-arrested

and, if convicted serve the unexpired portion of his sentence together with any other

sentence that may be imposed at him. Where a prisoner is punished under this situations,

he may appeal to a higher court for review of the court's decision.46.

Several challenges faces the application of parole system in Tanzania, these are however

categorized into three main categories namely resource related challenges, community

based and the legal related ones.

Lack of sufficient well trained personnel (Human Resource) to effectively implement the

parole system. The system need very well trained and qualified experts who serve in the

14

capacity of parole officers/supervisors. In Tanzania the number of these experts is

inconsistent with the number of prisoners that are to be considered for parole, this is in

the sense that, there are too many prisoners compared to the number of professional

parole officers, hence barring the effectively performance of the system47.

One of the reasons leading to this problem is the fact that parole system is a relatively

new concept in Tanzania and the government did not invest much on training its people

in field relevant to it. Similarly even after the coming into existence of the parole system,

in Tanzania there are few institution that provide the parole related courses namely social

work, criminology and penology, consequently the number of professionals in those field

is limited48.

Further even the few graduates available do not feel comfortable to work in the public

sector as there are attracted to join the private sector which offers better salary packages

and incentives.

Negative community perception over parole despite its advantages compared to

incarceration is another very significant challenge facing the applicability of parole in

Tanzania. The system is still at large perceived negatively by some members of the

society. The reasons behind negative perception are diverse one being the lack of

understanding on the entire concept of parole and its operation.

15

Also the impacts of experience delivered by the member of the community from some of

the parolee (revisits) who upon release on parole engages themselves in even crave

criminal acts.

Furthermore, most of members of the community are still with the perception that the

parole system does not do justice to victims of the criminal acts, they urge that

the system releases convicts who ought to pay dearly for their wrongful acts, earlier than

the time they would have served in prison had parole been inexistence49.

Operation of the laws is another challenge, whereas the Parole Boards Act, 1994 Clearly

set out that all prisoners who are serving a sentence of four or more years are entitled to

parole, the same qualify it by entitling only those who have served at least on third of

their sentences hence limiting the number of prisoners who would have otherwise

benefited from the parole system50.

Likewise the operation of the some laws for instance the Minimum sentence Act, 1963

which set the minimum imprisonment terms for offences, has technically made many

prisoners to serve long sentences even for offences that posses little harm to the

community just like ones with grave harm to the community due to existence of that law.

As a result of the above law for example, a person who stills a writing pen worth

Tanzanian shillings two hundred, if found guilty will be sentenced for a term of fifteen

16

years just like one who stole one Billion from a Bank, the two will have to wait equally to

be considered for parole.

Generally speaking this legislation has excluded many convict from the benefit of parole

as they have to wait for sometimes before they can qualified for parole as they have to

serve one third of their sentence. Therefore due to operation of there laws, the number of

prisoners who would have otherwise benefited is highly limited.

On the other hand the Parole Boards Act, 1994 exclude prisoners who are serving short

time imprisonment hence limit the scope of its beneficiary51. It is urged that a

considerable number of prisoners are excluded by virtue of law, because they serving a

sentence of less than for years. But despite the nature of the sentence duration it is urged

that sentence the offender are part and parcel of the community who need to be reformed

and integrated to the community52.

On the other hand tax payers’ monies and resources are used to maintain the convicts

while in prison by catering for their food, medics and accommodation. The situation

which would have been difference if these convict on short-term sentences would have

also be considered for parole.

There is one famous saying that “Rome was not built within a day” this simply imply that

any system, parole inclusive, can not commence and become effective within a day.

There is a need to have a continuous assessment of the system and see how the same can

17

be improved. On the basis of this fact this paper intends to provide some commentary on

way forward toward the improvement of parole system in Tanzania.

Rising of awareness to the community about the parole system is suggested as the first

and significant step to make the system acceptable and practical in Tanzania. The areas

that need to be expounded to the community include detailed description of advantages of

parole compared to other methods of crime prevention, control and treatment. Further

members of the community need to enlighten and made aware on the way the system

operates53.

This will contribute to making the system acceptable before the community and therefore

remove the negative sentiment about parole, thus the parolee will not be facing the same

perception and challenges they are facing currently upon being released from jail.

Further, provision of community knowledge on parole will assist the parolees to be easily

integrated to the community and thus facilitate their reformation from being potentially

offenders to being good citizens as the community will have a positive approach towards

the system.

Increase the training of parole experts, including training of parole supervisors, court

officials and police personnel. This signifies the increasing the number of people

attending courses on criminology and penology, social work and related courses. With

sufficient knowledge and skills to many parole experts.

18

The system will become automatically simple to implement and administer, further its

operation will be done more efficiently and thus reducing any chances of delays,

incompetent which would, hamper the system.

The other method of improving the system is streamlining of the laws that guide the

parole system so as to accommodate a huge number of prisoners. The following are areas

suggested to be amended or rather improved in the laws, for the time being in Tanzania.

Firstly, the parole beneficiary should be restricted to only long term servers in prisons,

but rather it should be left open ended to all persons who are convicted. In other wards

the parole benefit should be ready available to all prisoners serving both short term (less

than four years imprisonment) and long term sentences provided the prisoners meet the

conditions for parole by significantly showing positive behavior change, while in prison.

Of current the system excludes many prisoners, about half of the prisoners as they are

serving shorter terms. These are people who need to be reformed and integrated in the

society. On the other hand despite the fact that their terms of imprisonment are shorter the

costs of maintaining them are still high and a burden to the government because of their

numbers54.

Secondly, parole benefit should not be limited to certain offences only; it is

recommended that, the main criteria to be used in order to grant parole should be

19

behavior change and satisfaction of condition for parole rather than the nature of the

offence committed by the prisoner. As of now the criteria used for grant of parole exclude

outright, certain prisoners just because they are convict of certain offences such as armed

robbery, dealing with drugs, rape or defilement.

This measure will encompass the fact that prisoners are still human beings, and just like

any other people they still have an opportunity to reform and become better and

productive members of the community, if given a chance.

20

End Notes

1 Paranjape, N.V,(2004) Criminology and Penology, (11th Edn), Central Law Publications,Allahad.P326 2 Kiangiosekazi Nyoka, Parole law to be reviewed for the better? Daily News, 9 October 2009th

3 Gillin, J.L.,(2004) Criminology and Penology (3rd Edn), Central Law Publications,Allahad,p.339 4 Donald, D. and England, W., (2000) Criminology (4th Edn), Central Law Publications, Allahad p.489 5 Paranjape,loc cit,p.38 6 James, I. The Pro and Cons of Parole, an Article accessed at www.docshare.com/doc/170271/Pro and cons of parole on 11-03-2010 At 8:51 AM. 7 James,I.,ibid 8 Travis,L.F.,(1995) Introduction to Criminal Justice, Cincinant, ottawa. P.307 9 James, I. locit, p.2 10 Ibid 11 Travis,L.F.,Ibid 12 Australia Law ReformCommision (1980), Sentencing of Federal Offenders, Discussion Paper No.15 as cited by James,I.,ibid. 13 Dr.Alli Khajhot,(2007) Parole.(unpublished Complied Materials) p.4 14 Paranjape,N.P,Ibid 15 James,I,ibid. 16 Paranjape,N.P,Ibid 17 Travis,locit.p109 18 Dr.Alli Khajhot, Ibid. 19 ibid 20 Cap, 400 [Revised Edition, 2002.] 21 G.N. No. 563 of 1997 22 Section 3(1) of the Act. 23 Dr.Alli Khajhot,ibid 24 Section 3(2) of the Parole Board Act, 1994. 25Section 3(3),ibid 26 Section 3(4),ibid 27 Section 3(5),ibid 28 Section 3(6), ibid 29 Section 4, ibid 30 Under that provision a court may pass lawful sentence combining any of the sentences which it is authorized by law to pass upon doing so the court may prohibit the grant of parole to a prisoner and shall indicate the reasons for such prohibition. 31 ibid 32 Section 6(1), (2) of the Parole Board Act, 1994. 33 ibid 34 Regulation 3. 35 Section 6(4), 36 Regulation 5(1) and (2). 37 Regulation 5(3). 38 Regulation 5(5.) 39 Regulation 5(6). 40 Regulation 6. 41 Regulation 8. 42 Regulation 9. 43 Ibid. 44 Regulation 10(1),(2). 45 Regulation 10(3). 46 Regulation 11.

21

47 Mwinjilisti Kamala Kusupa, Parole: Utaratibu ulioshindwa na kubaki kwenye maandishi, Tanzania Daima, 7 mei 2008.48 Kiangiosekazi Nyoka,ibid49 ibid 50 Section 4, of the Parole Board Act, 1994. 51 ibid 52 Dr.Alli Khajhot, Ibid. 53 See p.1of the Speech of Hon.Omari Ramadhani Mapuri during inauguration of the second parole Boards accessed at 54 Dr.Alli Khajhot, locit,p.5

22