President summoned as witness in Court

I am a second-year law student at a certain University in Tanzania. My friends and I sometimes turn ordinary conversations into very serious legal discussions. Recently, we were discussing whether a Tanzanian Court can summon the President to testify as a witness? If summoned, is the President legally obliged to appear?

RM, Dodoma

This is indeed an interesting question. Generally, the Evidence Act provides that every person is competent to testify unless the law says otherwise. However, article 46 of the Constitution gives the President immunity from certain legal proceedings while in office. More specifically, section 9(2) of the Presidential Affairs Act, Cap. 9, provides that no Court or other authority may issue a process requiring or compelling the President to personally appear or attend in any capacity; or requiring or compelling the President to produce any person or thing. So, can a Tanzanian Court issue a compulsory summons to a sitting President to testify? The provisions of law as analysed above do not suggest so. However, in terms of section 9(3) of the Presidential Affairs Act, where a party asks the Court to summon the President as a witness, the Court may consider whether it would ordinarily have granted the request. If so, it may notify the President of the application, but it cannot compel the President to attend.