Ward tribunals urged to strictly adhere to given legal mandates

DAR ES SALAAM: WARD tribunals across the country have been urged to strictly adhere to their legal mandates when resolving social disputes, particularly those involving land and marriage, by issuing mediation certificates instead of delivering binding judgments that is outside their jurisdiction.

The call was made by Advocate Geofrey Mwachae from the Ministry of Constitution and Legal Affairs, who also serves as the Coordinator of the Mama Samia Legal Aid Campaign in Ubungo District.

He made the remarks recently during the campaign’s ongoing Mama Samia Legal Aid latest stop at Ubungo ward.

According to Advocate Mwachae, some tribunal members lack sufficient understanding of their roles and responsibilities, a shortfall that has led to violations of citizens’ fundamental rights.

“In Ubungo Ward, the campaign found that certain tribunal leaders were issuing rulings on land disputes instead of mediation certificates, contrary to legal procedure. This practice misleads citizens who are seeking justice through the proper legal channels,” he said.

Mr Mwachae said that this challenge has triggered complaints from residents, including the family of the late Paulo Mende, who his is among those most affected by such unlawful decisions.

He said following his death in 2005, the family became embroiled in a legal dispute over the rightful ownership of a house located in the Ubungo Msewe area of Dar es Salaam.

“We encountered residents with unresolved land disputes who had not been issued mediation certificates. Instead, they had been given decisions something that clearly violates legal guidelines. We have since taken steps to educate tribunal secretaries and local leaders to ensure compliance with proper legal procedures,” he said.

He stressed that the core function of ward tribunals is to mediate disputes using wisdom and consensus not to deliver judicial rulings.

“For example, land disputes should start at the ward tribunal level through mediation. If the parties are dissatisfied, the case can then proceed to the District Land and Housing Tribunal and, if necessary, escalate to the High Court of Land or the Court of Appeal,” he said.

Mwachae urged tribunal members to collaborate closely with municipal legal officers whenever they face legal uncertainties, to ensure justice is delivered in line with the law.

Sharing details of his family’s dispute, Mr Adam Paulo Mende explained that the conflict began when their stepmother, Ms Salome Kapongo, took possession of the title deed for the family home in Ubungo Msewe without consulting or involving the other heirs of the late Mr Paulo Mende.

“As a family, we never initiated formal inheritance proceedings or agreed on the transfer of ownership. Our stepmother went to the Land Registrar and registered herself as the owner of the house without our knowledge, which is deeply unfair,” said Mr Adam.

He said after submitting their complaint to the ward tribunal, the family was instructed to file for probate in court, rather than being issued the appropriate mediation certificate.

This led Adam to seek support from the Mama Samia Legal Aid lawyers, who facilitated a mediation session involving the family, local leaders and the land office in an effort to find a just resolution.

He expressed his appreciation for the campaign, noting that the free legal services have been a lifeline for his family and many other Tanzanians who cannot afford private legal counsel.

“This initiative by Mama Samia has opened our eyes and brought us closer to accessing justice through the right channels. I encourage fellow Tanzanians facing similar challenges to come forward, follow the legal process and not hesitate to seek help,” he said.

ALSO READ: Mama Samia Legal Aid Campaign Initiative revives hope for land dispute victim

The Mama Samia Legal Aid campaign aims to raise legal awareness among both citizens and local leaders, promoting justice, equality and lawful dispute resolution in communities across the country.