By FAUSTINE KAPAMA-Judiciary of Tanzania, Dar es Salaam
Senior political leaders from Vietnam Communist Party are in Tanzania for benchmarking on various important issues, notably the reforms that have been made by the Judiciary of Tanzania aimed at improving justice dispensation to the people.
The delegation is led by Member of Communist Party of Vietnam Central Committee, Mr Phan Dinh Trac, who is also Chairman of the Central Committee for Internal Affairs, Standing Vice Chairman of the Central Steering Committee on Corruption and Negative Phenomena Prevention and Standing Vice Chairman of the Central Steering Committee for Judicial Reform.
Today dated September 23, 2024, the delegation visited the Judiciary at the Integrated Justice Centre for Family Matter Temeke and were received by the Chief Court Administrator, Prof. Elisante Ole Gabriel and the Head of Judiciary Delivery Unit (JDU), who also doubles as Judge of the High Court of Tanzania, Hon. Dr. Angelo Rumisha.
Thereafter, the Vietnamese political leaders, received presentations on general overview of the Judiciary of Tanzania presented by Prof. Ole Gabriel as well as reforms made by the Judiciary of Tanzania presented by Hon. Dr. Rumisha.
In his presentation, the Chief Court Administrator informed the delegation that in Tanzania, the Judiciary is one of the three pillars of the State same as the Parliament and Executive, with main task of Judiciary is to translate law and implement righteous delivery to citizens.
Under Article 107 A (1) of the Constitution of the United Republic of Tanzania, 1977 as amended from time to time, he said, the Judiciary is the authority with final decisions in dispensation of justice in the United Republic of Tanzania.
Prof. Ole Gabriel took the guests into a long historical background the Judiciary of Tanzania went through from the colonial period and after independence. Before Colonial Era, he said, there was an Informal Dispute Resolution System, where people seemed to be wise, were involved in dispute resolutions in the societies.
“Conflict resolution focused only on mediation than looking for a winner. Mediators were Chiefs, Governors and Messengers. The procedures were like that of Judicial structure – Those who were not satisfied at lower level were allowed to appeal to the next level and that was respected in the society,” the Chief Court Administrator said.
Prof. Ole Gabriel told the delegation that during colonialism under German, between 1886 and 1918 new Dispute Resolution Method was established in Tanganyika and Germans established courts that dealt with Natives Disputes (Native Courts), which used tradition and customs of the local as well as German laws to suppress Africans.
During Colonialism under the British, he said, in 1920 new systems for justice delivery were established where High Courts and Subordinates Courts were established and that on July 22, 1920, the High Court of Tanganyika started officially, but due to poor working tools and lack of manpower became effective on January 3, 1921.
“It started with only three Judges including Chief Justice. Yet, the system was still discriminating because some courts did not have the authority to hear cases involving whites. As we speak now, there several reforms that have been recorded, including increase in number of judges. Currently, there about 145 judges, 36 of Court of Appeal including the Chief Justice and the rest are of the High Court with Principal Judge inclusive,” he said.
After Independence, the Chief Court Administrator said, in 1961 the Government of Tanganyika established undiscriminating court systems where Judiciary was separated from executive and court Magistrates were employed.
“They formed three levels Judicial structure that’s Primary Courts, District Courts/Magistrate Courts and High Courts; where the Chief Justice was placed in High Court level…
“The Supreme Court was the High Courts while all appeals where registered in the East Africa Court of Appeal. Collapse of the East African Community of 1977 led to official start of the Court of Appeal in Tanzania, starting with 5 Justices of Appeal only,” he said.
On his part, the Head of JDU told the delegates on the bold measures the Judiciary of Tanzania took to record major reforms to ensure justice is accessible and timely delivered to the people.
Hon. Dr. Rumisha explained that after conducting some surveys to identify areas of improvements, the Judiciary of Tanzania started implementing five-year strategic plans, one between 2014/2015-2019/2020 and the ongoing one of between 2020/2021-2024/2025.
“In 2015, the survey indicated that nine percent of the people interviewed believed there were corruption in the Judiciary, 15 percent of cases were backlog and only 61 percent trusted the judiciary.
“The survey conducted in 2023 shows that there is increase in public satisfaction by 88 percent, the increase in ethics by 92 percent and drastic decrease of backlog from the said 15 percent to three percent only,” he said.
Speaking after the presentations, Mr Trac said that he noted the judicial system in his country is the same as that of Tanzania. He invited officials from Tanzania to visit Vietnam for exchange of experience and expertise on various judicial matters.
The Vietnamese delegation also comprises Member of Communist Party of Vietnam Central Committee, Secretary of Gia Lai provincial Party Committee, Mr. Ho Van Nien and Member of Member of Communist Party of Vietnam Central Committee, Secretary of Ca Mau Provicial Party Committee, Mr. Nguyen Tien Hai.
Others are Vice Chairman of the Central Committee for External Relations, Mr Truong Quang Hoai Nam, Director General of the Personnel Department, Central Commission for External Affairs, Mr Nguyen Dai Nghia and the Director General-Secretary of the Chairman of the Central Commission for Internal Affairs, Mr Cao Viet Cuong.
In the same boat are Director General of the General Research Depatment, Central Commission for Internal Affairs, Mr Nguyen Van Truong and, Deputy Director in Charge of the Monitoring and Handling of Cases and Incidences Department, Central Commission of Internal Affairs, Mr Nguyen Thanh Tan.
The list also comprises Deputy Director of Middle East-Africa Department, Central Commission for External Relations, Mr Nguyen Anh Due and Senior Officer of Middle East-Africa Department, Central Commission for External Relations, Ms. Pham Ngoe Linh.
Also are Senior Specialist, Protocol Department, Central Commission for External Relations, Mr To Van Vinh and Bodyguard of the Head of the Delegation, Mr Nguyen Thanh Son.
According to the time table, the delegation, which arrived in Tanzania on September 22, 2024 is expected also to visit the Prevention and Combating of Corruption Bureau and meet Deputy Prime Minister, Hon. Dr. Dotto Biteko as well as Chama Cha Mapinduzi (CCM) Secretary General, Hon Dr. Emmanuel Nchimbi, before leaving the country on September 26, 2024.
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