Securing the independence of the judiciary the indian. The independence of the judiciary in kenya by justice jackton b. A report on uganda tried to force their way into the registrars office. During its visit the delegation identified threats to the independence of the judiciary in political cases in the following ways. 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. The mission held interviews at pemba, unguja and daressalaam. Threats to that independence have surfaced throughout the history of the united states, but the plan of our forefathers has prevailed. 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. The modern concept of independence of judiciary, unlike the traditional one, is more dynamic. The judge explained the independence of judiciary is well spelt out under the section 107b of the constitution of the united republic of tanzania. A useful system or a threat to the independence of the judiciary.
Challenges of the judicial system and recommended reforms. 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. 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. Jobs opportunities at judiciary of tanzania unistoretz. Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. This assertion is adjoined with the tanzania judiciary vision which is timely justice for all. Do not forget to turn on notification so you are always up to date.
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. Tanganyika became a republic with nyerere as its president. The chief quality which helps the judiciary to faithfully administer justice and to perform its functions efficiently is judicial independence. 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. The independence of the judiciary shall be guaranteed by the state and enshrined in the constitution or the law of the country.
That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Basic principles on the independence of the judiciary. The following is the code of conduct for judiciary officers of tanzania. After the union, both the countries continued to remain with their own legal systems and court structures.
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. It is therefore essential for the efficient running or our. Challenges of the judicial system and recommended reforms supervised by dr. Constitutional protections and political debates, 1 2. Imperial resort beach hotel, entebbe, uganda, june 2428, 2008. A highly qualified judge both in experience and intellect is more likely to be independent hence can safeguard independence of.
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. Additionally, the institution of the judiciary as a whole must also be independent by being separate from government and other concentrations of power. 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. 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.
A paper presented at the conference on the independence of the judiciary in subsaharan africa. Chapter 4 independence and impartiality of judges, prosecutors and lawyers 5see e. 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 judiciary embassy of the united republic of tanzania in rome. 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. 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. 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. Independence of the judiciary and separation of powers is one of the important and central tenets of the democracy. Tjombe, n, appointing acting judges to the namibian bench. 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. The zanzibari court system parallels the legal system of mainland tanzania, and all cases.
Separation of powers, independence of the judiciary, and. The basic law of the hong kong special administrative region of the peoples. 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. An independent judiciary is only explicitly listed in the aprm as a component. This topic, however, is understudied in the african context.
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. A critical assessment of its interpretation and practical application by the courts in tanzania, hence research. Tanzania court hierarchy tanzania is a country which was formed by the union of zanzibar and tanganyika in the year 1964. Independence of the judiciary article about independence of. From independence in 1961 until the mid1980s, tanzania was a oneparty state, with a socialist model of economic development. Under the constitution of zambia, justices and magistrates are independent of the government and subject only to the constitution and the law. As far as i can tell, judiciary needs and is worthy of insulation from the other two organs of the. Court hierarchy in tanzania structure of judiciary in tanzania. 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. See generally symposium, judicial independence and accountability, 72 s. The ibahri urges the government of uganda to abide by judicial decisions this is fundamental to the maintenance of the rule of law. It marked the beginning of the presidential system and lay a foundation for imperial presidency, in that it. United nations 1985, and establishing judicial independence in developing and transition economies has become a major goal of.
Independence of judiciary in india your article library. In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule of law. Declaration of independence in congress, july 4, 1776. 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. What it is, how it can be measured, why it occurs judicial independence is widely considered to be a foundation for the rule of law council of europe 1998. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. Independence of the judiciary pdf independence of the judiciary pdf an independent judiciary is one of the cornerstones of a democracy. This is the first sectionthe following two portions. 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. 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. As hinted herein above, tanzania mainland attained its independence in december 9th, 1961. Judicial independence and the federal judiciary federal judicial center iii contents introduction, 1 part i.
Prolegomena on judicial independence in kenya, tanzania and uganda by. End notes 1 din dayal sharma, independence of judiciary and impartiality in india, 1968ii scj 24. 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. 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. Pdf the independence of judiciary in tanzania asherry b p. Basic principles on the independence of the judiciary ohchr. This research is mainly focused on the topic, independence of judiciary and administration of justice in tanzania. It is a concept that some countries are likely to treat with a rider. Francis nyalali, chief justice of the high court of tanzania, worked to carve out a role for. 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. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. In mainland tanzania, appeal is from the primary courts through the. This article questions the independence of judiciary in tanzania with regard to the erstwhile parliamentary debate over the illustrious escrow scandal. 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. On the fragility of the independence of the judiciary see the recent controversy that arose in the united states on.
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. Teleford georges, former chief justice of tanzania, independence. In the judicial arm, tanzania has a fivelevel judiciary combining the jurisdiction of tribal, islamic and british common law. 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.
Judicial independence is important to the idea of separation of powers. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. Social governance, chapter 9, article 27, accessed 30. Judicial independence in the united states federal courts charles d. Notes on the role of the judiciary in the constitutional systems of. Now the strategic plan for judicial independence is focused in both form and content. 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. Rtf simply stated, judicial independence is the ability of a judge to decide a matter free from pressures or inducements. Independence of the judiciary also judicial independence is the principle that the judiciary should be politically insulated from the legislative and the executive power. It is in such a context that the concept of judicial independence began to grow so as to reach its modern form. Some scholars in their work tried to explain the words independence and judiciary. 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. And whereas a judicial officer should therefore actively participate in establishing. In january and february 1992, the government decided to adopt.
That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Ojwang a paper presented at the conference on the independence of the judiciary in subsaharan africa. Programme subsaharan africa hosted a workshop in tanzania to dis cuss the challenges facing the independence of the judiciary with par. For more details, refer to appendix c of this ireporti.
Judicial independence is the concept that the judiciary should be independent from the other. 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. 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. Therefore indian apex court has declared it as basic structure of the constitution. 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. 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. The judiciary was simultaneously lauded and chastised, but overall appears to have emerged with its legitimacy intact. Ohchr basic principles on the independence of the judiciary. Judicial independence and the federal courts talking points, 1 1.
Judicial independence in an african state joseph luna. Judicial independence is important to the idea of separation of powers many countries deal with the idea of judicial independence through. The constitution of the united republic of tanzania, 1977 vests the authority and responsibility to administer justice in the judiciary of tanzania. Perceptions of judicial independence in lesotho are very weak. The incomplete centralization of tanzania s postcolonial judiciary emma hayward please note. 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. The republican constitution of tanzania was adopted. East african judiciary bitrary exercise of legislative or executive authority. Follow and subscribe to our youtube channel for updates on daily basis. A report on uganda the ibahris main recommendations are as follows.
Adopted by the seventh united nations congress on the prevention of crime and the treatment of. Beginning in the mid1980s, under the administration of president ali hassan mwinyi, tanzania undertook a number of political and economic reforms. 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. Courts and resident magistrate courts to the h igh courts, ending in the courts of appeal of the union. Whereas an independent, strong, and respected and respectable judiciary is indispensable for the impartial administration of justice in a democratic state.
The independence of the judiciary and the legal profession in. 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. The incomplete centralization of tanzanias postcolonial judiciary emma hayward please note. Any disagreement over court decisions should be settled within the channels provided for by law. The aprm findings from uganda, lesotho and tanzania are. 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. Towards an independent and effective judiciary in africa. The enforcement of basic rights and freedoms and the state of. Pdf the independence of judiciary in tanzania asherry.