The relevant legislation on domestic violence in Tanzania is as follows:

Constitution of the United Republic of Tanzania (enacted by the Constituent Assembly of the United Republic of Tanzania on 26 April 1977)^[1]

Articles 12 and 13 (right to equality), Article 14 (right to life), Article 15 (right to personal freedom), Article 16 (right to privacy and personal security), Article 22 (right to work), Article 29 (fundamental rights and duties), Article 30 (limitations on, and enforcement and preservation of basic rights, freedoms and duties), Article 107A (authority of dispensing justice), and Article 129 (provisions on the Commission for Human Rights and Good Governance)

Constitution of Zanzibar (enacted by the House of Representatives on 9 October 1984, with subsequent amendments)^[2]

Article 6 (every Zanzibarian shall enjoy rights and privileges befitting a Zanzibarian in accordance with the Constitution), Article 11 (equality of people), Article 12 (equality before the law), Article 13 (right to life), Article 14 (right to personal freedom) Article 15 (right to privacy and personal security), Article 21 (freedom to participate in public affairs, and right to work and receive remuneration) and Article 25 (fundamental rights and individual freedoms)

Penal Code of the United Republic of Tanzania (adopted on 28 September 1945)^[3]

Article 15 (immature age), Article 20 (compulsion by husband)

Chapter XV (offenses against morality): Articles 130 and 131 (rape), Article 132 (attempted rape), Article 133 (abduction), Article 135 (indecent assault on females), Article 136 (defilement of girls under 12), Article 137 (defilement of the mental defectives), Article 138 (defilement by husband of wife under 12), Articles 139-143 (crimes connected with procuration of defilement), Articles 144-148 (crimes connected with prostitution), Articles 150-153 (crimes connected with abortion), Articles 154-157 (unnatural offenses), Articles 158-161 (crimes connected with incest)

Chapter XVI (offenses relating to marriage and domestic obligations): Articles 163 and 165 (fraudulent pretense of marriage), Articles 166 and 167 (deserting and neglecting children), Article 169 (child kidnapping)

Chapters XIX (murder and manslaughter) and XXI (offenses connected with murder and suicide): Article 195 (manslaughter), Article 196 (murder), Article 203 (causing death), Article 211 (attempt to murder), Article 216 (aiding suicide), Article 219 (child destruction)

Chapter XX (duties relating to the preservation of life and health): Article 207 (duties relating to the preservation of life and health of children)

Chapter XXII (offenses endangering life or health): Article 225 (grievous harm), Article 228 (unlawful wounding or poisoning)

Chapter XXIV (assaults): Article 240 (common assault), Article 241 (assaults occasioning actual bodily harm), Article 242 (assaults on person protecting wrecks)

Chapter XXV (offenses against liberty): Articles 244, 245 and 248-253 (crimes connected with kidnapping)

Law of the Child Act, 2009 (enacted on 20 November 2009)^[4]

The law consolidates provisions with regard to the protection of rights of a child, elimination of child labor, protection of children and young persons, regulation of affiliation, foster care, adoption and custody of a child.

Law of the Child (Child Employment) Regulations, 2012 (enacted on 27 March 2012)^[5]

The law is in relation to the prevention and elimination of child labor, and the protection of children and young persons.

Law of the Child (Juvenile Court Procedure) Rules, 2016 (enacted on 20 May 2016)^[6]

The law provides for the legal basis, rules and administration of the juvenile courts in Tanzania, criminal proceedings against children, parentage, custody, acceptance, maintenance of children, child protection, care and supervision, and orders with regard to children.

Sexual Offences Special Provisions Act, 1998 (enacted on 21 April 1998)^[7]

The act is designed to introduce provisions with regard to sexual and other offenses to further safeguard the personal integrity, dignity, liberty and security of women and children.

Basic Rights and Duties Enforcement Act, 1994 (enacted on 17 January 1995)^[8]

The act provides for the procedure to enforce constitutional basic rights and duties.

National Plan of Action to End Violence Against Women and Children in Tanzania 2017/8-2021/2^[9]

The National Plan has been developed to create a single comprehensive plan of actions to eradicate violence against women and children in Tanzania.

The Law of Marriage Act, 1971^[10]

The act provides for a definition of marriage, types or marriage and other basic rules and procedures related to marriage. It has been criticized for allowing polygamous marriages and permitting the marriage of 15-year-old girls, while the minimum age of marriage for males is 18 (Sections 10(2), 13(1) and 15).

Diha Matofali v. Republic (2015)CA

• A person under the age of 18 has no capacity to provide consent to sexual intercourse, unless in relation to his or her spouse.
• Best witness evidence in a case of rape is that of the victim.
• The case highlights the importance of courts to go beyond technicalities and address substantive issues ⁠— offense of rape is not merely proven by medical evidence.

DPP v. Jamal Waziri (2001) HC

• A girl aged between 15 and 18 years of age does not have the capacity to provide consent to sexual intercourse, expect for where she is consenting to sexual intercourse with her spouse.
• The case highlights issues of sexual extortion, where a person of power abuses their role. The case also involved the international concepts regarding rights of children.

Edson Simon Mwombeki v. Republic (2016) CA

• Where age of a victim is an issue and there is no valid birth certificate, the best way to prove the age of a victim is evidence of a parent, then a doctor.

Leonard Jonathan v. Republic (2007) CA

• Marriage is a voluntary union between a man and a woman. Any custom that procures a union by force violates this principle and any such union cannot be recognized as a legally valid marriage.
• The court has reached a progressive decision where it has acknowledged the presence of the customary laws of different tribes and clearly stated that, for such customs to be acceptable, they should capture the essence of, and not contradict, the laws of the country.

John Martin alias Marwa v. Republic (2017) CA

• An accused person must know the nature of the case facing him and the charges must disclose the essential elements of the committed offense.
• It is imperative to specify the nature of the charge to be preferred and the punishment of each category of the offense.
• The case highlights how many cases have been overturned because prosecutors were not careful in drafting the charges.

Thomas Adam v. Republic (2010) CA

• A female under the age of 18 can provide consent to sexual intercourse only if she is aged 15 or over and lawfully married to the male.
• The case has reinforced the concept under the Law of Marriage Act, according to which girls under 15 years of age can be married with leave of court.
• The case touches on international concepts of the rights of children.

Republic v. Modest & another(1968)

• The normal understanding of the word "woman" is limited to an adult female. Unless there is a clear indication to the contrary, legislative provisions referring to a "woman" will be taken as bearing this meaning.
• The decision related to forced marriage, and the facts of the case involved an abduction and subsequent marriage.
• To protect victims, the charges must be brought correctly.

Bashford v. Tuli (1971) HC

• A marriage under Islamic law is a civil contract. The marriage contract may be declared null and void if it is entered into because of misrepresentation.
• Consent to marriage should emanate from knowledge of all of the facts, especially knowledge of conditions precedent that lead one to consent to the marriage.

Chalimba Chimbalemba v. Republic (2011) CA

• A victim who is a minor of 15 years of age and not a wife of the perpetrator has no legal capacity to provide consent to having carnal knowledge.
• Intention to marry is irrelevant ⁠— a 15-year-old can only consent to sexual intercourse if she is lawfully married.
• The case highlights a contradiction between the Penal Code and the Marriage Act. Both generally say that a child is a person under 18 years of age and do not generally permit a child to consent to marriage or sexual intercourse. However, 14-year-olds can marry with leave of court and 15-year-olds can marry with parental consent, and lawfully married 15-year-olds can consent to sexual intercourse within the marriage.

Mwita Masabo v. Republic (2002) CA

• In a relationship where one has no monopoly over the sexual life of another, one is not expected to take offense if other parties are interested, despite the intimacy. Once it is accepted that the area recognizes a custom such as nyumba ntobo (customary surrogacy) as a valid marriage, the test in determining legal provocation must rely on the principles guiding such relationship.
• Nyumba ntobo is a custom for the purpose of enabling a childless elderly woman to have children through surrogacy, that is, through the woman she "marries." The elderly woman ("lady husband") would be entitled to choose a man to have sex with the surrogate ("wife") for the purposes of bearing children.
• The case highlights the court's understanding and recognition of the customary practices.

Rebeca Z. Gyumi v. General (2016) HC

• A girl under 18 is a child in law, and it is undesirable to subject her to complex matrimonial and conjugal obligations that expose her to serious health risks once married at such a young age.
• Legislative provisions that require consent from the parents or court mean girls are not free to make their own decisions. This is an infringement of their constitutional rights to equality and respect for dignity.
• Legislative provisions that differentiate between the ages at which boys and girls may enter into marriage are discriminatory and infringe the constitutional right of equality.
• The customary practices that adversely affect children cannot be said to cater to their best interests.

Agnes Doris Liundi v. Republic (1980) CA

• Where the accused raises the defense of insanity, it must be shown on all the evidence that insanity is more likely than sanity, even to a minor degree. The burden of proving insanity is on the accused on a balance of probabilities.
• In assessing insanity, a court is not bound to accept medical evidence if there is good reason for rejecting it.
• The accused poisoned herself and her four children following grave matrimonial disharmony and threats by her husband to expel her from their home.
• Despite the mental distress of the accused, it could not be considered as insanity, even in light of medical evidence that the accused was impaired.

Jenesia Philemon v. Republic (2011) CA

• Any defense (even diminished responsibility) must be raised during the trial and not during the appeal. A new defense may not be raised at the appeal stage.
• Provocation/diminished responsibility can serve as a defense.

Lawama Dedu v. Republic (2016) CA

• Whether a person who has sexual intercourse with a niece can be prosecuted for incest will depend on whether the sexual intercourse between such relations is proscribed by statute.
• Section 158(1)(a) of the Penal Code defines incest by a male as having sex with a granddaughter, sister or mother. So, while contrary to common morality, a situation where an adult man has sexual intercourse with his niece is not considered to be incest.
• Other jurisdictions have widened the definition (e.g., Kenya).

Republic v. Elvan S/O Cyprian Luvindu High Court of Tanzania(2005)

• The accused physically assaulted and beat to death the woman with whom he was cohabiting.
• The accused pleaded guilty to manslaughter, was on remand for four years, served part of his sentence and had dependents.
• The court confirmed that this offense was committed "in the course of domestic violence" and made note of the Republic's commitment to CEDAW and the eradication of violence against women.

Cases on domestic violence can be addressed in Tanzania by the following courts:

• The Court of Appeal of the United Republic of Tanzania (highest level and court of final appeal)
• high courts of the United Republic and Tanzania Zanzibar (exercise original jurisdiction over matters not specified as needing to be heard by a specific court and appeals from lower courts) and the High Court of Zanzibar (has jurisdiction as specified in the laws applicable in Zanzibar); both high courts have jurisdiction over laws that apply in both mainland Tanzania and Tanzania Zanzibar
• subordinate courts (resident magistrate courts and district courts) (hear appeals from primary courts)
• primary courts (hear criminal and civil cases)
• Kadhi's Appeal Court and Kadhi's Court of Zanzibar (adjudicate Islamic family matters of Muslim families in Zanzibar)

• Criminal charges based on violations of the Penal Code can be brought by the Republic against the abuser/accused. First steps usually involve reporting to authorities (police, school or parents).
• In cases related to sexual offenses, an accused person will also be subject to effective compensation as the court may determine to be commensurate with the possible damages obtainable for the victim of the sexual offense for injuries sustained by the victim in the course of the offense if he or she files a civil suit against the accused person (Section 348A of the Tanzanian Criminal Procedures Act).
• Affected persons may bring civil lawsuits seeking damages or the cessation of human rights violations, and can appeal the relevant rulings to the Court of Appeal on the mainland of Tanzania and to other regional courts.
• The Child Act, 2009 as well as the Law of the Child (Juvenile Court Procedure) Rules, 2016 provide for the number of court orders designated to protect children's rights (including care orders and supervision orders). The purpose of a care order or supervision order is to remove a child from a situation where they are suffering or likely to suffer significant harm.
• Under the Law of the Child (Juvenile Court Procedure) Rules, 2016, where a child's rights are being infringed, the head of the social welfare department on behalf of the local government authority or any interested person may apply to the court for an order that the parent execute a bond to exercise proper care and guardianship of the child.