SAMIA@4: New thrust in justice delivery

THE Constitution of the United Republic of Tanzania 1977, as amended from time to time, gives exclusive authority to the Judiciary to have the final power on issues of dispensing justice in the country.

In exercising the power to deliver justice, according to Article 107B of the Constitution, all Courts will be independent and will only have to comply with the provisions of the Constitution and those of the Laws of the land.

The Judiciary was facing various challenges in carrying out its duties as stipulated in the Constitution of the United Republic of Tanzania.

Some of these challenges include the lack of enough manpower, notably Judges and Magistrates, bad working environment and poor technology that facilitates the provision of justice to the people.

After taking the highest office of the land on March 19, 2021, the President Dr Samia Suluhu Hassan, expressed her commitments to ensure that the Judiciary carries out its constitutional duties freely, easily and without interference from anybody.

Dr Samia’s decision to continue supporting the Judiciary within the four years of her administration is a sign of living up to her promises by actions what she gave after being sworn in as the President of Tanzania.

When addressing the National Assembly for the first time on April 22, 2021 after holding the highest office in the country, President Samia also promised to continue to cooperate with the judiciary so that it can fully perform its duties of providing timely justice to the people.

In her speech, Dr Samia said, “We will cooperate with the judiciary in strengthening justice delivery systems, including continuing to building infrastructure, increasing the number of Judges and Magistrates and promoting the use of Information and Communication Technology (IT) to increase the speed of hearing cases and good record keeping.”

The implementation of these commitments answers most of the challenges, thus helping the judiciary to continue carrying out its basic constitutional mandates of delivering justice easily, professionally and on time in a friendly and cost-effective environment for the people.

Responses on shortage of judges’ challenge The Chief Justice of Tanzania, Prof Ibrahim Hamis Juma, is quoted as saying that since Dr Samia was sworn in as the President on March 19, 2021, she has increased the number of Judges of the Court of Appeal in Tanzania from 16 to 38, equal to 120 per cent and those of the High Court of Tanzania from 76 to 105, equal to an increase of 38 per cent.

He explains that the increase has helped the rise in the number of Sub-Registries of the Court of Appeal in Tanzania as well as the SubRegistries of the High Court of Tanzania.

High Court Sub-Registries have increased from 17 that existed in 2021 to 20 that are currently in existence, which are Arusha, Bukoba, Dar es Salaam, Dodoma, Tanga, Mbeya, Mwanza, Iringa, Tabora, Songea, Sumbawanga, Moshi, Mtwara, Shinyanga, Kigoma, Musoma, Temeke, Morogoro, Geita and Manyara.

This step makes 80 per cent of the people get High the Court of Appeal and the High Court and the burden that the Judges were facing.

Likewise, the increase in number of Judges has enabled citizens to get timely justice, thus enabling them to continue with other activities to increase their income and production,” the Chief Justice notes.

Court infrastructure challenge The Sixth Phase Government has given a unique push in enabling the Judiciary to have good working environment and to move services closer to the people by building and improving modern buildings and ensuring that the services of the High Court are available in every region of Tanzania.

Chief Court Administrator of Judiciary of Tanzania, Prof Elisante Ole Gabriel, is quoted as saying that in carrying out this mission, the Government under President Samia approved a soft loan from the World Bank, the first phase, amounting to 65 million US Dollars.

“These funds were used to build modern Court buildings in various areas of the country, including Primary Courts, District Courts, Resident Magistrate Courts and High Court,” Prof Ole Gabriel says.

He explains that the construction of six Integrated Justice Centres in the regions of Dar es Salaam (Kinondoni and Temeke), Morogoro, Dodoma, Mwanza and Arusha, was also the implementation of President Samia’s promise to improve and move justice services closer to the people.

These integrated centres provide justice services at all court levels, namely the Primary Court, the District Court, the Resident Magistrate’s Court and the High Court, where in some buildings the n the justice delivery chain, such as the Director of Public Prosecutions, the Solicitor General, Prisons, Police, Social Welfare and Advocates.

There has also been a continuation of the construction of the Court buildings at various levels during the four years of President Samia’s administration.

Prof Ole Gabriel says that the Sixth Phase Government has enabled the Judiciary by using local and external funds to build Resident Magistrate’s Courts in Katavi, Lindi and Songwe Regions and 25 District Courts during the period in question.

These courts are Busega, Itilima, Butiama, Rorya, Songwe, Gairo, Mkinga, Mbogwe, Nyang’hwale, Kyerwa, Missenyi, Kaliua, Uvinza, Buhigwe, Kakonko, Tanganyika, Kilombero and Mvomero which have been built in different Regions with the funding from the World Bank. Other courts are Same, Mwanga, Sikonge, Kilindi, Manyoni, Bunda and Rungwe which were built with local funds.

There has also been renovation of the two High Courts of Tabora and Moshi. In addition, he says, after the President was sworn in, she promised to provide enough funds to complete various judicial infrastructure projects, including to complete the construction of the Headquarters of Judiciary of Tanzania, Judiciary Square, in the Dodoma capital city.

The construction of the building with nine floors and 60,000 square metres total size, costs 129.7bn/-. Such size makes the Tanzanian Judiciary Headquarters Building, the sixth largest in the world in terms of headquarters comparing to other countries, where the first one is in Kuala Luthe construction of 48 modern houses in Dodoma for Judges.

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These houses have been completed and have started to be used, thus completely eliminating settlement challenges for Judges in the city of Dodoma.

The Chief Court Administrator explains further that after the Judiciary of Tanzania judiciously used the loan funds, the government also approved another second phase of the World Bank soft loan amounting to 90 million US Dollars, which is also used to improve various building and technology infrastructure.

“Currently, there is construction of nine Integrated Justice Centres which is ongoing in Geita, Katavi, Simiyu, Njombe, Songea, Songwe, Singida, Lindi and Pemba Regions. Similarly, within the Five-Year Plan for the Development of Court Infrastructure (2020/2021-2024/2025), 60 Primary Courts are being built in various areas in the country,” Prof Ole Gabriel says.

The Courts and places in brackets where are being built are Maji Ya Chai (Arumeru), Makuyuni (Monduli), Terat (Arusha), Somangila (Kigamboni), Mbagala (Temeke), Mkwamtoro (Chemba), Kachambwa (Chato), Ng’ Anzo (Bukombe) and Mafinga Urban (Mafinga). Others are Izazi (Iringa), Izigo (Muleba), Katoro (Bukoba), Ugala (Mpanda), Sibwesa (Tanganyika District), Mamba (Mlele), Kigoma North (Kigoma), Heru Juu (Kasulu) and Manyovu (Buhigwe).

The other courts are Sanya Juu (Siha), Tarakea (Rombo), Gonja (Same), Mtandi (Kilwa), Mipango (Lindi), Minjingu (Babati), Terrat and Engasment (Simanjiro), Mugumu (Serengeti), Lupatingatinga (Chunya), Nhikongola (Masasi), Kitangali (Newala), Sengerema Urban (Sengerema), Kabila (Magu), Misasi (Misungwi), Manda (Ludewa), Lupembe (Njombe), Kimanzi Chana (Mkuranga), Msata (Bagamoyo), Bungu (Kibiti), Kasanga (Kalambo), Namanyere (Nkasi) and Nambogo (Sumbawanga).

Other courts are Likuyusekamaganja (Namtumbo), Lilondo (Madaba), Nalasi (Tunduru), Shinyanga (Shinyanga), Kahama Urban (Kahama), Lagangabilili (Itilima), Mhango and Somanda (Bariadi), Minnyunge (Ikungi), Unyamkumbi (Singida), Kanga (Songwe) and Msangano (Momba).

During the four years of her reign, the Judiciary has installed various Information Communication systems that have facilitated easy delivery of justice to citizens.

These reforms have been possible due to the large investment made by the Government through local funds and a loan from the World Bank.

The Chief Court Administrator explains that until now, all Court buildings with enabling infrastructure such as electricity in the country are connected to the network of the Telecommunications Corporation Limited (TTCL) and the electronic Government Authority (eGA) through the GovNet project, the first phase.

Through the Government’s investment, the judiciary has succeeded in establishing a new System for Registration, Operation and Management of Cases [Electronic Case Management (e-CMS)] which has been designed and built by in house experts.

“The construction of the system has reflected the improved flow of judicial actration of the case to the delivery of judgment,” Prof Ole Gabriel says.

Likewise, he reveals, the judiciary has completed the construction of a system for transcription and translation of proceedings in court (Translation and Transcription Software – TTS) which has also started to be used.

The system is a permanent solution to enable documents written in English to be available in Kiswahili and those in Kiswahili to be available in English, depending on the needs of the parties involved.

In addition, the Chief Court Administrator elaborates, the system (TTS) has already been fixed and started to be used in 11 courts, including some High Courts, which are also Sub-Registries of the Court of Appeal.

He points out further that the Government has also enabled the judiciary to purchase equipment for electronic hearings (video conferencing) where the session can be held while the suspect is in custody or in prison as well as hearing witnesses outside the country.

In the same way, Prof Ole Gabriel says, the Government has enabled the Judiciary of Tanzania to purchase modern machines which have been installed in a special room for the provision of various information systems (Judiciary Situation Room) at the Headquarters (Judiciary Square) in Dodoma.

The purpose of having the Situation Room is to keep information on institutional performance standards and individual performance reports provided through the judiciary’s reporting database.

The Room also manages, operates and ensures the security and availability of network in parallel with the monitoring ernment has made it possible through loan from the World Bank under the Tanzania Judiciary Improvement Project and the Judiciary Strategic Plan for 2020/21-2024/25 to build a teaching platform at the Institute of Judicial Administration Lushoto (IJA) through online (e-learning platform).

This platform, which has been developed by local experts from the judiciary of Tanzania, IJA, the Open University of Tanzania and Hombolo Local Government College is the implementation of the National Strategy Towards a Digital Tanzania (Digital Economy Strategic Framework (2023-2033), together with the National ICT Policy 2023 which are jointly supported by the National Digital Project (Digital Tanzania Project-DTP). According to the Chief Court Administrator, apart from those systems, there is also the Information System for Decisions, Laws and Regulations of Tanzania (TanzLII) which facilitates the access to judgments and the carrying out of various studies easily.

There is also a System for the Collection electronically of Government payments through the Electronic Method of Government Payment (GePG) which has increased efficiency and transparency in providing judicial services.

In general, currently the Judiciary of Tanzania owns more than 11 IT systems that help to simplify the performance of judicial activities, being one of the catalysts for the implementation of development projects.

These reforms are closely supervised by the top leadership of the Judiciary of Tanzania, namely the Chief Justice of Tanzania, Prof Ibrahim Hamis Juma, Principal Judge of the High Court of Tanzania.