Separation of powers, independence of the judiciary, and. Imperial resort beach hotel, entebbe, uganda, june 2428, 2008. Towards an independent and effective judiciary in africa. Francis nyalali, chief justice of the high court of tanzania, worked to carve out a role for. The first of its principles states that judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. Tjombe, n, appointing acting judges to the namibian bench. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests.
The dimensions of the doctrine of separation of power towards promotion of good governance in tanzania by thuwaiba hussein a research report submitted to mzumbe university, dar es salaam business school, in partial fulfillment of the requirements for the award of the degree of master of public administration mpa 20. The incomplete centralization of tanzanias postcolonial judiciary emma hayward please note. The modern concept of independence of judiciary, unlike the traditional one, is more dynamic. Judicial independence and the federal judiciary federal judicial center iii contents introduction, 1 part i. The zanzibari court system parallels the legal system of mainland tanzania, and all cases. Perceptions of judicial independence in lesotho are very weak. Whereas an independent, strong, and respected and respectable judiciary is indispensable for the impartial administration of justice in a democratic state. From independence in 1961 until the mid1980s, tanzania was a oneparty state, with a socialist model of economic development. The unanimous declaration of the thirteen united states of america, when in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the. Chief ministers, current and former zanzibar electoral commission zec members, officials of the judiciary, ngo activists, academics, parliamentarians, civil service retirees, religious leaders, youth, the media, the tanzania revenue authority tra and donors.
The importance of promoting judicial independence in the southern african region kaajal ramjathankeogh1 introduction judicial independence is the concept that courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Programme subsaharan africa hosted a workshop in tanzania to dis cuss the challenges facing the independence of the judiciary with par. Pdf the independence of judiciary in tanzania asherry. The judiciary of zambia is the branch of the government of the republic of zambia which interprets and applies the laws of zambia to ensure impartial justice under law and to provide a mechanism for dispute resolution. Judicial independence is important to the idea of separation of powers many countries deal with the idea of judicial independence through. The judiciary embassy of the united republic of tanzania in rome. Judicial independence is the concept that the judiciary should be independent from the other. Perceived high levels of corruption in the judiciary politicization of the judiciary is related to the sensationalized coverage of the judiciary in the media, particularly the lesotho times newspaper separation of powers internal institutional safeguards external institutional support 7. In this regard, one cannot fail to appreciate that the concept of separation of powers offers the judiciary a protective device both for the protection of the independence of the judiciary and against allegation of judiciary intrusion into matters more appropriate to the legislature or the executive. Pdf the independence of judiciary in tanzania asherry b p. The judiciary was simultaneously lauded and chastised, but overall appears to have emerged with its legitimacy intact.
Jun 19, 2019 the judiciary has its foundation on article 107a 1 and 107b of the constitution and states clearly about the independence of the judiciary in the united republic of tanzania. Basic principles on the independence of the judiciary adopted by the seventh united nations congress on the prevention of crime and the treatment of offenders held at milan from 26 august to 6 september 1985 and endorsed by general assembly resolutions 4032 of 29 november 1985 and 40146 of december 1985. Oct 01, 2011 the administration of justice in tanzania is an exclusive constitutional mandate of the judiciary of tanzania jot vide articles 4, 107a and 107b of the constitution of the united republic of tanzania 1977, cap. In order for a judge to perform his duties well, there must be good remuneration, and in order for a judge to claim for a good remuneration, there must be a security of tenure. Ojwang a paper presented at the conference on the independence of the judiciary in subsaharan africa. Constitutional protections and political debates, 1 2. After the union, both the countries continued to remain with their own legal systems and court structures. The constitution of the united republic of tanzania, 1977 vests the authority and responsibility to administer justice in the judiciary of tanzania. Therefore indian apex court has declared it as basic structure of the constitution. And whereas a judicial officer should therefore actively participate in establishing.
Social governance, chapter 9, article 27, accessed 30. The reports from these observations give the judiciary of tanzania as well as the national electoral commission, the opportunity to relate the electoral laws and practice pertaining in tanzania, with the international and regional standards required for free and fair elections. The incomplete centralization of tanzania s postcolonial judiciary emma hayward please note. Independence of the judiciary and separation of powers is one of the important and central tenets of the democracy.
The judiciary has its foundation on article 107a 1 and 107b of the constitution and states clearly about the independence of the judiciary in the united republic of tanzania. The independence of the judiciary in kenya by justice jackton b. The concept of independence of the judiciary is not limited only to independence from executive pressure or influence but is a much wider concept which takes within its sweep independence from many. In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule of law.
Components of the independence of the judiciary the independence of the judiciary and the protection of its constitutional position, contends shetreet, is not achieved in an instant act. The judiciary has its foundation on article 107a 1 and 107b of the constitution and states clearly about the independence of the judiciary in the united republic. Independence of judiciary in india your article library. It is a concept that some countries are likely to treat with a rider.
Declaration of independence in congress, july 4, 1776. The chief quality which helps the judiciary to faithfully administer justice and to perform its functions efficiently is judicial independence. The aprm findings from uganda, lesotho and tanzania are. Court hierarchy in tanzania structure of judiciary in tanzania. Follow and subscribe to our youtube channel for updates on daily basis. Independence of the judiciary pdf independence of the judiciary pdf an independent judiciary is one of the cornerstones of a democracy. The independence and accountability of judges, lawyers and prosecutors vii freedom of expression and association 73 professional duties 74 disciplinary proceedings 76 part 2 79 i. The enforcement of basic rights and freedoms in tanzania background information it is now common knowledge that the bill of rights was introduced for the first time in the permanent constitution of the united republic of tanzania1 by the fifth constitutional amendment act of 1984 act no 15 of 1984. In order for a judge to perform his duties well, there must be good remuneration, and in order for a judge to claim for a good remuneration, there must be. Judicial independence and the federal courts talking points, 1 1.
This article questions the independence of judiciary in tanzania with regard to the erstwhile parliamentary debate over the illustrious escrow scandal. Basic principles on the independence of the judiciary ohchr. Judicial independence is the concept that the judiciary should be independent from the other branches of government. A useful system or a threat to the independence of the judiciary. In january and february 1992, the government decided to adopt. Before we discuss how independence of judiciary is maintained in india, it is essential to explain what do we mean by the term independence of judiciary. Threats to that independence have surfaced throughout the history of the united states, but the plan of our forefathers has prevailed. An independent judiciary is only explicitly listed in the aprm as a component. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. In the independence of judiciary in tanzania, remuneration and security of tenure are two factors which are connected to each other. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. On the fragility of the independence of the judiciary see the recent controversy that arose in the united states on.
Some scholars in their work tried to explain the words independence and judiciary. A report on uganda tried to force their way into the registrars office. Judicial independence is important to the idea of separation of powers. It is therefore essential for the efficient running or our. As far as i can tell, judiciary needs and is worthy of insulation from the other two organs of the. Service commission for mainland tanzania, the high court of zanzibar, the court of appeal of the united republic and the special constitutional court of the united republic part i dispensation of justice in the united republic 107a authority of dispensing of justice. As hinted herein above, tanzania mainland attained its independence in december 9th, 1961. Independence of the judiciary article about independence of. Pf 2011 patrotic front 2011 2016 manifesto this document is the property of the patriotic front and shall not be reproduced or printed without the express authority judicial independence in zambia pdf.
United nations 1985, and establishing judicial independence in developing and transition economies has become a major goal of. But in the current time there is a debate going on whether in india is judiciary really independent in nature because many of them say it is partly independent the people who differ from the independency of judiciary say that on the base that is appointment of the judges and in the later part that the parliament. Judicial independence in an african state joseph luna. The basic law of the hong kong special administrative region of the peoples. Cole this article presents an overview of the explicit provisions of the united states constitution which relate to an independent judiciary, asserts the practical benefits thereof, and offers examples of ameri can judicial independence in action. Ohchr basic principles on the independence of the judiciary. Tanzania mainland which has a high court with zones and three divisions, 22 resident magistrates courts, 88 district courts and 1105 primary courts spread all over the country. This is a reflection of the positive facets of judiciary independence in malawi, as one senior observer of the malawi judiciary captured, the fundamentals are in place. Now the strategic plan for judicial independence is focused in both form and content. This research is mainly focused on the topic, independence of judiciary and administration of justice in tanzania. Chapter 4 independence and impartiality of judges, prosecutors and lawyers 5see e. United nations 1985, and establishing judicial independence in developing and transition economies has become a. August 22, 2015 abstract judicial independence, that is, the ability for a court to decide cases free from political in. The independence of the judiciary and the legal profession in.
East african judiciary bitrary exercise of legislative or executive authority. The following is the code of conduct for judiciary officers of tanzania. This assertion is adjoined with the tanzania judiciary vision which is timely justice for all. In mainland tanzania, appeal is from the primary courts through the. It is only when the judiciary works independently without any interference of the other two organs of the government that it can carry out its high. Rtf simply stated, judicial independence is the ability of a judge to decide a matter free from pressures or inducements. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects. Judicial independence in the united states federal courts charles d. Challenges of the judicial system and recommended reforms. Independence of the judiciary also judicial independence is the principle that the judiciary should be politically insulated from the legislative and the executive power.
A report on uganda the ibahris main recommendations are as follows. A highly qualified judge both in experience and intellect is more likely to be independent hence can safeguard independence of. So the meaning of independence of the judiciary can be understood as the independence of the institution of the judiciary and also the independence of the judges which forms the part of the judiciary. Judicial independence reinforces the pillars of the rule of law by insuring that law applies to everyone, laws are enforced fairly, the justice system is fair, and laws are not arbitrary. Beginning in the mid1980s, under the administration of president ali hassan mwinyi, tanzania undertook a number of political and economic reforms. Teleford georges, former chief justice of tanzania, independence. It is in such a context that the concept of judicial independence began to grow so as to reach its modern form. For more details, refer to appendix c of this ireporti. As such, the three pairs of components are ought to be existed and balanced, in which the first pair of the component is the utility and efficiency. The republican constitution of tanzania was adopted. Challenges of the judicial system and recommended reforms supervised by dr. Prolegomena on judicial independence in kenya, tanzania and uganda by.
Notes on the role of the judiciary in the constitutional systems of. The individual looks to the law and to the courts to right any wrong that he has suffered, and does not take the law into his own hands. Jobs opportunities at judiciary of tanzania unistoretz. The ibahri urges the government of uganda to abide by judicial decisions this is fundamental to the maintenance of the rule of law. In 1963 the courts system was integrated and racism was eliminated in the administration of justice by the enactment of the magistrates courts act of 1963. A critical assessment of its interpretation and practical application by the courts in tanzania, hence research. This topic, however, is understudied in the african context. Courts and resident magistrate courts to the h igh courts, ending in the courts of appeal of the union. Securing the independence of the judiciary the indian. This is the first sectionthe following two portions. Tanzania court hierarchy tanzania is a country which was formed by the union of zanzibar and tanganyika in the year 1964. Working definition of judicial independence article 14 of the international covenant on civil and political rights iccpr is the hard law basis of the international law definition of judicial independence.
A paper presented at the conference on the independence of the judiciary in subsaharan africa. Under the constitution of zambia, justices and magistrates are independent of the government and subject only to the constitution and the law. During its visit the delegation identified threats to the independence of the judiciary in political cases in the following ways. See generally symposium, judicial independence and accountability, 72 s. It marked the beginning of the presidential system and lay a foundation for imperial presidency, in that it. End notes 1 din dayal sharma, independence of judiciary and impartiality in india, 1968ii scj 24.
Judicial corruption and the gcr 2007 the purpose of this section is to provide a solid backgr ound for under standing corruption in the judiciary, as well as ti recommendations for combating judicial corruption, derived from the gcr 200 7. Tanganyika became a republic with nyerere as its president. It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. Do not forget to turn on notification so you are always up to date. Indian judiciary is loosing the faith of the people as the people are geting nothing from the judiciary except the next date of hearing professor, retired department of laws, punjab university, chandigarh.
The mission held interviews at pemba, unguja and daressalaam. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. In the judicial arm, tanzania has a fivelevel judiciary combining the jurisdiction of tribal, islamic and british common law. Additionally, the institution of the judiciary as a whole must also be independent by being separate from government and other concentrations of power. Compared with other countries like india, singapore, malaysia and philippines, the tanzania judiciary cannot claim to be a leader in the computerization of court work. The enforcement of basic rights and freedoms and the state of. Any disagreement over court decisions should be settled within the channels provided for by law.
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