Dodoma: State considers setting up minor claims court

Written by ROSE ATHUMANI.

THE government has given serious consideration on the need for the establishment of Small Claims Court to lessen congestion of claim cases in court, the Minister for Constitution and Legal Affairs, Mr Mathias Chikawe has said.

Mr Chikawe made the remarks on Thursday when receiving two reports one on comprehensive Review on the Civil Justice System in Tanzania and the other on Customary laws (Matrilineage) from the Law Review Commission of Tanzania (LRCT). He noted that the country does not have a good record on quick resolve of claim cases, which take a long time before being settled.

He said the Small Claims Court would address small claims, while big claims would be handled by the responsible courts, thereby reduce the backlog and save time. He cited inheritance claims among other cases still pending in courts. It was earlier suggested that matrilineal system of inheritance could be adopted to allow tracing of descendants through the mother and maternal ancestors to be recognised by law.

The minister cited his tribe as one of those whose individual family members are recognised through the matrilineal system. When presenting the two reports to the minister, LRCT Chairman, Mr Aloybius Mujuliz said among recommendations in the report include writing the laws in a language that can be understood by many Tanzanians.

He said the laws are generally written in English, a language known by few Tanzanians, stressing the need to have the laws also written in Kiswahili, a language understood by many. Mr Mujuliz said the government should also use Alternative Dispute Resolution (ADR), which are normally conducted out of court to reduce case loads in court.

He said a quick way of resolving claim cases will increase the speed of investment in the country, hence increase development. Mr Mujuliz said many people are afraid of opening claim cases because of the high costs involved in getting legal representation, including the cost of running the cases. The LRCT is tasked with reviewing the country’s’ laws and recommend to the government any necessary amendment.

Source: Daily Nation (04/05/2013): http://dailynews.co.tz/index.php/local-news/17057-state-considers-setting-up-minor-claims-court