How Judiciary shaped 61 years of Union

TANZANIA: AS the historic Union between Tanganyika and Zanzibar marks its 61st anniversary, the Judiciary of Tanzania has played a pivotal and commendable role in upholding justice and peace, safeguarding the rule of law and ensuring protection of citizens’ rights, freedom and national unity.

Marking six decades and one year of the remarkable bond in the ever-growing Union, the Tanzania Judiciary, through its dedication to integrity and professionalism, has emerged as a cornerstone of the nation’s legal system, fostering trust and confidence in the administration of justice.

This esteemed institution was established in 1920, more than four decades prior to Tanganyika’s independence from British colonial rule. It was initially presided over by foreign juries for the interests of the colonial government.

After the efforts of the country’s heroes and founders of the Union, the late Mwalimu Julius Nyerere and his Zanzibar counterpart, the late Sheikh Abeid Amani Karume who fought for independence as well, the Judiciary began to be led by Tanzanian judges from the 1970s, with the first Tanzanian Chief Justice being Said Augustino.

Just like the other two pillars of Government, the Legislature and the Executive, the judicial organ also played and still plays a crucial role in shaping the Government of the United Republic of Tanzania.

Established according to Article 4(2) and Article 107 of the 1977 Constitution of the United Republic of Tanzania, the Judiciary is the highest authority with the power to issue the final verdict, while the Court of Appeal holds the highest authority.

That was echoed by the Chief Court Administrator of the Tanzania Judiciary, Professor Elisante Ole Gabriel, as he was highlighting the remarkable overview of the achievements attained by the Judiciary.

He said that among the achievements the Judiciary is the establishment of the Court of Appeal in August 15, 1979, that was established under Article 107(1) of the Constitution of the United Republic of Tanzania, that became responsible for handling Union matters.

Commemorating 61 remarkable years of the undisputed Union, the judicial landscape in the final appellate level has seen an increase of number of judges from five at its inception to the current number of 39 judges.

Professor Ole Gabriel said: “When the Court of Appeal was established, there were only five judges, which means there was a high likelihood of forming only one panel. So, it was a challenge at that time, but we are grateful that the number has increased.”

He also said that the increase in the number of judges has improved the efficiency of the Court of Appeal, as cases are decided more promptly and disputes are resolved quickly, promoting swift access to justice in the country.

Furthermore, the Judiciary has made significant progress in providing legal aid services in all regions of Mainland Tanzania and Zanzibar.

Currently, there are over 18 Court of Tanzania subregistries, specifically dedicated to the hearing of Court of Appeal cases, an increase from the previous 16.

These sub-registries, located in the regions under the jurisdiction of the High Court in Arusha, Dar es Salaam, Kagera, Dodoma, Iringa, Kigoma and Morogoro.

Others are in Kilimanjaro, Mara, Mtwara, Tabora, Mbeya, Ruvuma, Rukwa as well as Zanzibar and these have played a crucial role in reducing the backlog of cases and ensuring easier access to justice, thereby benefiting the people.

In commemorating 61 years of the Union, it is also important to consider that the presence of these sub-registries in most of the country’s regions has led to an increase in the number of Court of Appeal justices, reduced case backlogs and provided cost savings for the people.

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“Indeed, the Union vexes have significantly been addressed and the Union continues to remain strong, increasing access to justice,” said Prof Ole Gabriel.

There is a significant reduction of Union-related vexes from 25 to just three, which are currently in various stages of resolution.

The judiciary has also made a significant contribution to the investment sector and the economic growth of the nation.

The improved administration of justice on both sides of the Union has been a driving force in attracting investors to Tanzania due to favorable legal conditions.

According to Prof Ole Gabriel, the judicial organ has been working in close collaboration, including the exchange of knowledge and experience and expertise between both sides, where they exchange some personnel for a certain period of time with the specific goal of learning skills and operations.

Furthermore, there have been various profession al associations that handle professional relations and their members come from both sides of the Union. For example, the Tanzania Women Judges Association (TAWJA) is one such association.

There are also judicial service commissions that work closely together. Besides, in discussing the major achievement of Judiciary in the union, it is crucial mentioning the major strides made in terms of infrastructure development.

The Tanzania Judiciary has made progress by investing in the construction of modern buildings and other infrastructure in almost all regions. At all levels of the Judiciary, there are a total of 960 courts, 135 district courts out of 139, some 30 resident magistrate courts and 20 High Court registries all under the Court of Appeal.

Moreover, there are integrated justice delivery centres established in regions, with six centres operational and three in the completion process of construction their buildings, including one centre in Pemba.

Furthermore, the Judiciary has made significant progress over the past six decades by establishing a Mobile Court, the first of its kind in Africa, which provides legal assistance closely to various unreached groups of people and has reached a large number of people in the country.

The Judiciary has also kept up with technological advancements to enhance the efficiency and transparency of dispensing justice to citizens.

It currently has a digital judicial system for resolving various disputes, including commercial cases.

Through the use of information and Communication Technology (ICT) in this digital era, artificial intelligence is also employed in the hearing and writing of cases, which has helped save costs and time in case management.

“The Tanzanian Judiciary now follows the Tanzania Communications Regulatory Authority (TCRA) in terms of ICT usage, even in matters of cases.

Therefore, sometimes when appeals are ongoing in Zanzibar, the judges can be in Dar es Salaam or anywhere else and the work continues as usual because the government has invested significantly in enabling the courts to work through ICT,” said Prof Ole Gabriel.

In terms of personnel at all levels of the judiciary, there has been great collaboration in employing staff, with employees being recruited from both sides and assigned to different locations within the Union.

Moreover, the judiciary has a great role in maintaining peace from conflict resolution and ensuring that the Union between the former Tanganyika and Zanzibar is implemented according to the law and constitution, while considering the interests of all parties and the unity of the nation of Tanzania.