Unearthing the unfinished: Revisiting the German project on Tanzanian customary law for modern legal development

Between 1885 and 1918, German colonial rule in Tanganyika established a racially divided legal system that privileged European settlers over African communities. While courts in Dar es Salaam served the colonial elite, Africans were largely governed through customary law administered by colonial intermediaries. Although the German administration initiated efforts to document Tanzanian customary law, the project remained incomplete, leaving a fragmented record of indigenous legal traditions. Despite these disruptions, Tanzanian communities sustained their systems of reconciliation, social harmony and restorative justice traditions, offering a more humane and inclusive vision of the law. This chapter revisits the unfinished German project both as evidence of colonial interference and as an opportunity for renewal. It argues that revitalising Tanzanian customary law within a pluralistic framework is key to restoring cultural legitimacy and social trust. Grounded in international legal instruments, the study affirms the right of communities to shape their own systems of justice. Prioritising indigenous traditions is not a rejection of modern law but a reaffirmation of cultural identity, dignity and continuity. Re-engaging with local legal knowledge through a decolonised partnership invites Germany to act not as a former coloniser, but as a partner in supporting the restoration of Tanzania’s legal heritage.