Victims of road accidents involving government-owned motor vehicles in Tanzania continue to face significant challenges in accessing fair and timely compensation despite constitutional guarantees of equality, justice, and the right to legal redress.[i] The existing legal framework shaped by remnants of sovereign immunity, restrictive procedural requirements, lack of compulsory insurance for State fleets, and bureaucratic claim-processing systems creates substantial barriers that undermine effective remedies[ii]. These constraints are compounded by evidentiary difficulties, institutional delays, and inadequate enforcement mechanisms, which collectively result in legal uncertainty, inconsistent compensation outcomes, and weakened public accountability[iii]. The current regime disproportionately protects government interests at the expense of victims’ rights, eroding deterrence against negligence and diminishing public trust in State responsibility. This paper argues for comprehensive reforms including statutory harmonization, mandatory insurance coverage, and enhanced procedural accessibility to ensure compensation systems align with constitutional principles and international best practices for State liability.
[i] Frank L, ‘Compensation Challenges in Developed States’ The Journal of Rick and Insurance (Vol. 31, No.1, 2022)
[ii] John M, The Challenges Relating to the Implementation of Third-Party Policy in Tanzania (An International Journal of Development and Allied Issued (Vol. 9 No. 4, 2023)
[iii] Masawe M.P. and Ombella. J.S, Basic of Commercial Law in Tanzania (Trust Publication Ltd 2012)
