By FAUSTINE KAPAMA and INNOCENT KANSHA, Judiciary, Dar es Salaam
The Institute of Judicial Administration Lushoto (IJA) is conducting a special training to some Judges and Magistrates on Electoral Dispute Resolution (EDR) ahead of the November, 2024 Local Government Elections and the October, 2025 General Elections, respectively.
Speaking at Crowne Plaza Hotel in Dar es Salaam today dated September 17, 2024, the Principal of IJA, Hon. Dr. Paul Kihwelo said that the three-day training session represents an important milestone in continuous efforts to enhance the capacity of judicial training in managing electoral disputes with transparency, fairness, efficiency and timely.
“As we are all aware the judiciary has a pivotal role in safeguarding the integrity of the electoral process, it is, therefore, essential that judicial officers remain steadfast in upholding the democratic process as they adjudicate electoral disputes…
“…This can only be possible if judicial officers are equipped with requisite knowledge and skills to do so fairly, efficiently, transparently and timely, mindful that the Judiciary is the Guardian of the Constitution and the fundamental rights including the right to vote and to be voted,” Dr. Kihwelo, who is also Justice of Court of Appeal of Tanzania, said.
According to him, it is on that account they have given the training the seriousness it deserves and the selection of the participants was made purposely considering their vast experience in adjudication and capacity to deliver knowledge to others.
Justice Kihwelo expressed his heartfelt gratitude to the International Foundation for Electoral Systems (IFES) and the United States Agency International Development (USAID) for their invaluable support and collaboration as their technical and financial support to strengthening electoral processes through capacity building to judicial officers has been instrumental.
He pointed out that the journey of their partnership began in September 2023, when IJA initiated discussions with IFES to explore avenues for strengthening the capacity of judicial officers in the area of electoral dispute resolution.
“This was followed by a series of productive meetings, including the crucial meeting with the Principal Judge on September 30, 2023. Our cooperation was further solidified with the signing of the Memorandum of Understanding (MoU) between IJA and IFES on October 16, 2023,” IJA Principal said.
Such MoU, he said, laid the foundation for developing training materials, including the EDR Curriculum, Quick Reference for Magistrates and the Facilitator's Guide. Justice Kihwelo explained that since then, they have conducted key strategic activities.
Such activities, including the December 2023 Strategic Planning Meeting in Arusha and the March 2024 technical workshop in Dar es Salaam, where critical documents were developed and refined. Later on, he said, it was followed by validation meeting which was held in Arusha on March 18 and 19, 2024.
“Today, as we embark on this training session, we are bringing all of this work together. The purpose of this session is to equip each of you with the necessary knowledge and skills to effectively cascade this training to other judicial officers in Tanzania and Zanzibar…
“…Over the next three days, you will be introduced to carefully crafted materials designed by IJA with the technical and financial support of IFES to ensure you are fully prepared to guide your peers in resolving election-related disputes,” Justice Kihwelo told the participants
The training materials consist of several core modules, including the principles of democratic governance, the legal framework governing elections, pre- and post-election dispute resolution procedures, and the critical issues surrounding the handling of electoral offences.
They will also cover judgment writing, ethical considerations during the election process, and the use of modern technologies, such as the handling of electronic evidence in election cases.
Speaking during the opening session, the USAID Director for Democracy, Rights and Governance, Mr Bret Saalwaechter, said that the training is designed to provide the judges and magistrates with additional tools, knowledge and perspectives needed to navigate the complexities of electoral disputes with impartiality, integrity and consistency.
“The challenges you face in electoral cases are often multifaceted, involving legal, technical and sometimes political; considerations. Yet, as arbiters of justice, you are called upon to rise above these complexities and ensure that justice is served, that all voices are heard and that the electoral process is upheld according to the highest standards,” he said.
The USAID director expressed his hope that the training would help the trainers’ fine tune and share the skills and tools necessary to fulfil their vital role in Tanzania’s judicial process for resolving electoral disputes.
He told the participants that as judges, they are entrusted with a responsibility that goes beyond interpreting laws and that their rulings on electoral disputes have a profound impact on the immediate outcomes of elections and on citizen’s trust in the rule of law.
Some of the topics which which will be presented during the training session includes introduction to general democratic principles and legal framework on elections, management of election and election management bodies as well as pre-election disputes.
Others are post-election disputes or avoidance of election, practice and procedure in election proceedings, electoral offences, judgment writing orders and execution of decrees and appeals as well as judicial ethics in election litigation.
Apart from Judge Makaramba, other facilitators are Judge Asina Omari, Judge Victoria Nongwa, Judge Hamidu Mwanga, Judge Emmanuel Kawishe and Deputy Registrar Sophia Massati.
The International Foundation for Electoral Systems (IFES) is a globally recognized non-profit organization dedicated to strengthening democratic governance by providing technical assistance and conducting research on the electoral cycle.
Through its work, IFES promotes democratic stability, enhances citizen participation and reinforces transparency and accountability in electoral systems worldwide.
In Tanzania, IFES embarked on a collaboration with the Institute of Judicial Administration Lushoto (IJA) to bolster the country’s capacity in managing electoral disputes.
This partnership focuses on Election Dispute Resolution (EDR), aiming to enhance the skills of justices, judges and judicial officers in handling electoral disputes efficiently and in alignment with democratic principles and human rights.
The collaboration formally began with the introduction of IFES to the Principal Judge of Tanzania, leading to subsequent activities aimed at building judicial capacity ahead of the 2024 Local Government Elections and the 2025 General Elections.
The Principal of the Institute of Judicial Administration and Justice of the Court of Appeal, Hon. Dr. Paul Kihwelo (above and below) speaking during the opening of the three-day session for Judges and Magistrates on Electoral Dispute Resolutions
USAID Director for Democracy, Rights and Governance Bret Saalwaechter (above and below) stressing a point when speaking during the opening session of the training in question.
One of facilitators, High Court Judge (rtd) Robert Makaramba presenting a topic during the training session.
(PICTURE By Innocent Kansha & Faustine Kapama -Judiciary of Tanzania)
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