AI in Courts

I was reading our local paper the other day and I found an article stating that Tanzania’s judiciary has become one of the first in Africa to embrace artificial intelligence (AI) technology in its plans to speed up Court processes and improve efficiency in dealing with case backlogs. While this move is welcome, I wonder what the law says about using AI in Courts. Specifically, is there a law governing the use of AI in Tanzania and Tanzanian Courts?
LP, Dodoma

There are indeed reports indicating that Tanzania’s judiciary is incorporating AI into its new transcription and translation system. We have been informed that this system translates judicial documents by providing automatic transcriptions of case proceedings, significantly reducing workload for judges and magistrates. This initiative follows the introduction of a new law in 2021 that declared Kiswahili the official language of administration and the dispensation of justice in domestic Courts. According to this law, Kiswahili is to be used as the ‘general rule’ in Court, while English remains permissible as ‘an exception to the rule.’ However, judgments and rulings are still predominantly delivered in English, especially in the High Court and Court of Appeal. It should be noted that the use of AI in Tanzanian courts is currently limited to transcription and translation. In contrast, countries like the USA have reported using AI in adjudication processes. Tanzania has not adopted AI for adjudicating Court cases yet, as the laws require a human adjudicator to preside over legal disputes.

Tanzania does not currently have a comprehensive legal framework specifically addressing the use of AI. Instead, the legal landscape is fragmented, with various existing laws that touch on AI-related issues. Notable among these are the Cybercrimes Act, the Evidence Act, the Penal Code, and the Personal Data Protection Act. However, there is no law that exclusively governs AI. The judiciary also does not have specific rules or legislation focused on AI. Instead, it relies on existing laws, policies, and guidelines that pertain to its functions. Nonetheless, we believe there are ongoing efforts to establish laws that will govern the use of AI in Tanzania. Once these efforts are completed, we will gain a clearer understanding of the regulations and governance surrounding AI, including its application within Tanzanian Courts. For further guidance, you should consult your lawyer.