The Development of Payment Systems in Tanzania: A Discussion on the Laws Governing Electronic Cheque Tanzania

Abstract

This paper is about the potential understanding of the development of Information and Communication Technology in Tanzania, e-payment (electronic cheque) respectively. Further, the paper assesses the development of cheque system (origin, meaning, and forms of cheque) from traditional means to modern means that is electronic cheque system and the law governing it. The most important part of the paper is on the analysis of the laws dealing with electronic cheque and the admissibility of an electronic cheque system in Tanzania, particularly on how these new laws (the Electronic Transactions Act No.13 of 2015, the National Payment Systems Act NO.4 of 2015, Cyber Crime Act, No.14 of 2015, the Tanzania Automated Clearing House Rules and other related laws) which have provided for the same. The questions guiding this paper are, whether the electronic cheque system in Tanzania is protected by the law, whether the law has provided for the conditions for electronic cheque, whether we have electronic clearing house and system and whether electronic cheque can be admissible before the court of law as evidence in both civil and criminal action. As the fact that electronic cheque is discussed, then we cannot escape a briefly details on electronic evidence, as electronic cheque may form part and parcel of electronic evidence when required to be so.