TANZANIA: Judiciary moves in to uphold integrity, credibility

Written by PIUS RUGONZIBWA

THE judiciary will from now start to closely monitor the conduct of all magistrates and other staff in a move aimed at ensuring the department upholds maximum integrity and credibility.

To ensure this is perfectly implemented, an order has been given for all courts to start holding internal meetings to evaluate delivery of justice, amidst allegations of corruption and misuse of office by some magistrates.

Principal Judge Fakih Jundu gave the directive in Kibaha, Coast region on Monday shortly after touring primary courts that are reportedly facing a number of administrative and financial problems. "We have introduced some measures that we think will help restore discipline and boost confidence of our clients.

Staff and magistrates must abide by the code of conduct governing judicial officers wherever they are," he said.For many years, he said, the public has been pointing accusing fingers on the department particularly on corruption and abuse of office, insisting time has come for the department to clear its house.

Judge Jundu said that while the government was struggling to find lasting solutions to financial problems facing the judiciary, the department must portray high degree of professionalism and integrity while assuming its daily functions.

He challenged them to start implementing a system of giving alternative rulings to cases, instead of only sending people to jails whenever found guilty.The principal judge said he was aware cells and jails were now full, but warned the situation will not improve if magistrates won't change the current trend of determining the cases.

Giving an example, he said in some primary courts, magistrates were ordering youths putting on modern clothes popularly known as  'katak' to serve terms in prison for contempt of court. "Such punishments should be reviewed in order to reduce congestion in prisons and jails and the youths in such fashionable clothes should only be warned," he advised.

While hearing cases, he said, magistrates have to ensure people or suspects are given rights to be heard and avoid controversial rulings that are increasingly reported. Earlier, the Coast Region Senior Resident Magistrate in-charge, Ms Bahati Moshi, told the principal judge that magistrates were working under difficult conditions with shortages of funds demoralizing them.

Apart from shortage of staff, she underlined a number of peculiar cases like magistrates and staff being forced to live in Dar es Salaam due to shortage of houses.She said that had negative effects since many arrive late at their duty stations hence regular adjournment of cases.

She added that many primary courts were in terrible and pathetic conditions, while there were no funds to pay for witnesses' allowances as well as transport, housing, extra duty allowances for staff and magistrates.

"There is no transport for inmates and suspects which make them arrive late for court sessions hence delaying hearing of cases, let alone the fact that we cannot afford to pay witnesses who come to testify in some crucial cases," she added.

Source: Daily News (17/10/2012): http://www.dailynews.co.tz/index.php/local-news/10598-judiciary-moves-in-to-uphold-integrity-credibility