Mediation key as judge calls for fairer legal practices

DAR ES SALAAM: PRINCIPAL Judge Dr Mustapher Siyani has called on lawyers to stop prioritising clients’ interests at the expense of justice and instead, guide them to comply with legal procedures in order to help reduce the growing backlog of cases in courts.

Dr Siyani made the call on Monday during an awardgiving ceremony for various justice stakeholders for 2025, organised by the High Court of Tanzania Mediation Centre in Dar es Salaam.

He emphasised that lawyers are required to balance their duty to clients with their responsibility to the court. He noted that many cases are unnecessarily delayed by endless preliminary objections, some of which lawyers clearly know will not determine or conclude the matter.

“Every time a case comes before the court, it is objections upon objections. When you look at some of them, you wonder why an objection was raised when the lawyer clearly knows it will not dispose of the case,” Dr Siyani said.

He added that all justice stakeholders must share a common commitment to upholding justice in order to ease the workload burden facing the judiciary.

The Principal Judge further encouraged lawyers and members of the public to embrace alternative dispute resolution mechanisms, particularly mediation, as an effective means of resolving conflicts while avoiding unnecessary expenditure of time and financial resources.

Mediation, he said, has continued to play a crucial role in transforming justice delivery by easing court congestion and unlocking billions of shillings previously tied up in prolonged litigation.

Statistics show that last year alone, the High Court Mediation Centre received 342 cases from the Dar es Salaam High Court registry. Of these, 327 cases valued at more than 1.4tri/- were successfully resolved through mediation. The resolved cases included 174 land disputes worth 161.1bn/- and 163 civil claims valued at 1.24tri/-.

Among them were 47 banking disputes amounting to 148.1bn/- and 56 cases involving government institutions valued at 49.43bn/-.

Additionally, the centre successfully mediated 87 cases valued at 110.8bn/-, resulting in settlement agreements worth 36.9bn/- and saving 74.2bn/- that would, otherwise, have been lost through lengthy court processes.

Dr Siyani stressed that the High Court of Tanzania continues to implement various reforms and set clear priorities aimed at ensuring cases filed in court are concluded in a timely manner, with mediation serving as a key tool in fulfilling constitutional requirements.

He said deliberate efforts have been made to promote and strengthen mediation so that more people in society can recognise and utilise the opportunities it offers.

“Although mediation is a constitutional requirement, the National Development Vision 2050 also recognises mediation as a strategic tool in building an inclusive, competitive and resilient economy,” he said.

ALSO READ: TZ registers 1,828 investment projects worth 50tri/- in two years

On her part, the Judge in Charge of the High Court Mediation Centre, Ms Zahra Maruma said the judiciary has remained at the forefront of advancing the mediation agenda in collaboration with key stakeholders to enhance efficiency, accountability and timely justice delivery.

She noted that the judiciary’s investment in technology, including electronic case management systems and online mediation platforms, has expanded access to justice by enabling disputes to be resolved virtually.

“Although the number of cases resolved through mediation may appear modest compared to the overall caseload, the trend reflects steady growth and increasing confidence in mediation as an effective dispute resolution mechanism within and outside the court system,” Ms Maruma said.

On his part, mediator and award recipient Mr Erick Mukiza said that despite ongoing efforts to strengthen alternative dispute resolution, public awareness remains low, as many people still believe that the only way to obtain justice is through court litigation.