Appointment and removal of judges and the assignments of files at Criminal Courts in Tanzania

• Main Author: Emanuel R. Alfred
• Format: Article
• Language: English
• Published: Nomos Verlagsgesellschaft mbH & Co. KG 2016-11-01
• Series: KAS African Law Study Library
• Online Access: https://www.nomos-elibrary.de/10.5771/2363-6262-2016-3-424

This paper explored the Judiciary as one of the organ of the state and looked on the appointment and removal of judges and the assignments of files at criminal courts in Tanzania. Judiciary is among the three organs of the state together with the executive arm of the state vested with executive powers as well as the Parliament vested with legislative and supervisory powers over public affairs. The Judiciary consists of four tiers which all together forms a court system in Tanzania. These includes the Court of Appeal, the High Court of Tanzania mainland and Zanzibar, Magistrates Courts (Resident Magistrates Courts and District Courts) and Primary Courts. In this paper it has found that, the process of appointing judges and removal are well codified under the Constitution of the United Republic of Tanzania [cap 2 R.E 2002] as well as Judiciary Administration Act of 2011. The procedures are not exhaustive to guarantee the independence of Judiciary in the Country. For instance, Chief Justice, Justice of Appeal and Judges of the High Court are all appointed by the executive arm of the state -the President. Also, the Chief Justice in Tanzania has no security of tenure, he can be removed at any time by the President. It has further found that, the Judiciary has adopted the five years strategy for 2015/2016-2019/2020 to reform the court system and improve service delivery. Taking into account this strategy the High Court of Tanzania adopted the High Court Proceeding Rules to fast track hearings and make sure that the assigned files are completed within 60 days. These reforms will improve court services, fast track court proceedings, as well as improve on how court staffers treat customers/clients. However, ensuring independence and impartiality in the execution of justice should reaming the key objectives to be observed by the courts in these reforms.