Strategies for the Better Enforcement of Zanzibar Legal Aid Act No. 13 of 2018 and Provision of the Legal Aid Services in Zanzibar Prisons to Remands and Convicts

This study explores the strategies for the better provision of Legal Aid services and enforcement of the legal Aid Act to remands and convicts in Zanzibar, Tanzania, using the case study design. The target was legal Aid Providers (Paralegals/ advocates), Staff from Department of Constitution and Legal Aid (LAD), Prisoners and Staff from Zanzibar Correctional Facilities. A total number of 30 participants were recruited, whereby 2 paralegals/advocates with 10 years experiences in law field, 3 staff from Legal Aid and Constitutional Department, 20 prisoners (serving between 5 to 30 years imprisonment) and 5 staff (2 legal officers and 3 staff serving at prisoners admission office) from Zanzibar Institute of Education for Offenders The study employed such participants by considering their knowledge and experience in the field of the legal aid services, living environment in prison setting and legal Aid perspective in particular. The study employed semi structured interview and focal group discussion. The data was analyzed thematically. The study found several strategies for better provision of the Legal Aid and enforcement of the legal Aid Act to remands and convicts including Sensitization on the legal Aid Act to prison officials and prisoners, the need to establish cooperation between Prison and Department of Legal Aid, enrollment of more prison staff with legal knowledge and Budget increasing to procure all materials necessary in delivering the legal aid and enhancement of community participation in provision of the legal Aid service in prisons.  The findings of the study concluded that the level of awareness on legal Aid Act is very low, government commitment regarding the recruitment of the sufficient and qualified staff with legal qualification is not yet met, budget constraints, poor cooperation between Prison Authority and legal Aid Department paucity to meet the intention of legal aid provisions as stipulated in Legal Aid Act and lack of community involvement and poorly commitment on executing the statutory roles as enshrined in the laws. To address these issues, the study recommended number of the initiatives that will enhance the enforcement of the Legal Aid Act and effective provisions of the legal aid services in prison settings to convicts and remands. Flouting these findings and failure to comply with the recommendations made in this study may blight the intention of the legal Aid Act Enactment I Zanzibar for inmates as stipulated under section 34 and 35 of the Act and resulted to violation of the right to legal Aid  as one of the key aspect in rule of law. By implementing all stated recommendations, endowment of the legal aid service and enforcement of the Legal Aid Act strengthen of the rule of law and led to service delivery satisfaction from ad hoc benefits into a sustainable, solidify institutional functionality on legal aid services in particular at closed settings.