by Stephen Rweikiza, Tanzania, 20 December 1997
THEME = JUSTICE
This article arrived too late for inclusion in the 1 January 1998 Special issue
Justice is the cornerstone of democracy.
If justice exists in a country,
then one can say it is being well-governed
Tanzania's judiciary is there to ensure, first and foremost, that the country's Constitution is respected and that the rights of every citizen are guaranteed. The judiciary's principal tasks are the administration of justice and the protection of basic human rights. Through a proper and professional interpretation of the laws, the judiciary provides judicial guidelines based on international standards and norms.
In Tanzania, the problem is: how far does theory measure up to practice? Both the government and the ruling party have accepted and indeed promulgated the principle of the rule of law, but nobody can deny the fact that injustices have been committed.
President Mkapa referred to the country's judiciary in one of his major policy statements when running for election. He said: "If there is one central theme which will run through my term as President, it is my manifest commitment to the rule of law, good governance and development. Individuals and groups in society should be able to seek the protection of the law, when they believe that activities undertaken during the exercise of a public duty (by a public servant), are unconstitutional, unlawful, unfair or downright arbitrary".
The Constitution of the United Republic of Tanzania stipulates that the High Court has power to adjudicate on any matter brought before it, regarding any breach of the Constitution and the laws of the land. It is on the strength of this, that some bold and courageous judges have, in recent years, declared a number of laws in the statute books, to be "null and void" because they are undemocratic and unconstitutional. Laws such as the Preventive Detention Act of 1962 and the Deportation Ordinance of 1963 are examples of laws which have incurred the judiciary's condemnation.
Is Tanzania's judiciary independent? Judges are appointed by the President, so it is quite normal that they should somehow fall in line with his wishes. They also have a "one-party mentality" and are bound to the Executive. The carrying out of justice is not always uppermost among their priorities.
Do Tanzania's judges enjoy security of tenure? A recent comment by President Mkapa highlights the problem. "It is time that our judges should enjoy security of tenure, but there is a danger that if it should prove impossible to legally remove them from office whenever they have proved unworthy of their task, then how can justice be truly administered?" Indeed, President Mpaka has, on several occasions interfered with the decisions of the judges, saying that he cannot stand by while justice is being violated. "Must I keep quiet for fear of being accused of executive interference in judicial matters, when I know that justice is not being administered?"
Another serious problem for Tanzania's judiciary, is corruption. Some judges and magistrates are said to openly accept "kickbacks". Other problems include acute shortages of funds and lack of working equipment and office space. Some judges even have to share courts!
But perhaps the most embarrassing problem of all is the lengthy delay in hearing cases.
END
PeaceLink 1998 - Reproduction authorised, with usual acknowledgement