6.8 Prosecution and Enforcement Actions

Most of the legislation on the environment in Tanzania, which may be the same in the other East African countries, are broad-based and issue punitive measures related to almost all kinds of pollution; while at the same time, do not provide for effective licensing or standard setting systems. In Tanzania, for example, there are no set environmental standards for soil and air, and existing water standards are only temporary. It is also worth mentioning
that there is generally lack of confidence by the public to enforce environmental laws through the courts due to corruption, unnecessary delay, of cases and partiality of some members of the bench.

Normally, before meting out a criminal or civil penalty there must be a conviction. As such, environmental institutions will be required to prosecute any violation before a violator is required to pay a penalty. Litigation is a costly and unpredictable exercise and thus, a stream-lined procedure has to be adopted for these institutions to be able to utilise the judicial process effectively. In addition, environmental institutions should be given powers to compound offences.