- To exchange judicial experiences, strengthen collective commitment in labour justice administration
By FAUSTINE KAPAMA-Judiciary,
monitoring from Dodoma
THIRTEEN members of
Judiciary of Tanzania and Labour Justice Stakeholders are in South Africa for
benchmarking visit aimed at exchanging judicial experiences and strengthening collective
commitment to the administration of labour justice, the rule of law and the
protection of the rights and dignity of those who seek justice.
Justice of the Court of
Appeal of Tanzania, Hon. Dr. Yose Mlyambina, is leading the delegation, which
also comprises the Principal Judge of the High Court of Tanzania, Hon. Dr.
Mustapher Mohamed Siyani and three judges from the High Court of Tanzania, Labour
Division, among others.
In his address on official
benchmark visit, Justice Mlyambina told Judge President of the Labour Court and
Labour Appeal Court, Hon. Mogomotsi Edwin Molahlehi, and other officials that the
diplomatic and historical relations between the United Republic of Tanzania and
the Republic of South Africa are deeply rooted.
He explained that the
diplomatic and historical relations were founded and nurtured by the two countries’
founding fathers, Mwalimu Julius Kambarage Nyerere and Nelson Rolihlahla
Mandela.
“Under the leadership of
Mwalimu Nyerere, Tanzania opened its doors to freedom fighters and hosted the
offices of liberation movements, including the African National Congress and
the Pan Africanist Congress, following our independence in the 1960s,” Dr.
Mlyambina said.
In doing so, he said, Tanzania
helped to cement a relationship between the two countries founded upon shared
values of freedom, justice, human dignity and solidarity.
According to him, Mwalimu
Nyerere understood that Tanzania's independence could not be complete while
other African nations remained under colonial rule or apartheid and that, that spirit
of solidarity helped to lay a foundation upon which the two countries have
continued to build.
“Today, we are privileged
to continue that noble tradition not on the battlefield of liberation, but
through the rule of law, the administration of justice and the strengthening of
our respective Judiciaries,” he said.
Justice Mlyambina
explained further that the Tanzania delegation decided to have the benchmarking
visit in order to understand how South Africa legal framework has evolved
through the jurisprudence of Courts and judicial interpretation and how
legislation and institutions have responded to changing times and emerging
challenges in labour relations.
He said that as Member
States of the Southern African Development Community (SADC), their engagement was
of particular importance as the shared aspiration is to promote greater
coherence and, where appropriate, harmonisation of labour laws consistent with
International Labour Organization standards and guidelines.
Such cooperation, Dr. Mlyambina
said, can facilitate trade and investment, promote decent work, uphold the
dignity of workers and strengthen social justice throughout our region.
“We are particularly keen
to learn from South Africa's experience in addressing emerging forms of
employment and the changing world of work, including the rapidly developing
field of the platform economy…
“The growth of digital
labour platforms, app-based work and other non-traditional forms of employment
presents new challenges concerning employment status, minimum labour standards,
social protection, collective bargaining, occupational safety and health and
access to labour justice,” he said.
He said that they would,
therefore, be particularly interested in understanding how South Africa has
responded, both legislatively and judicially, to the emerging forms of work and
how questions of employee or worker status have been determined.
The delegations would
also want to know whether platform workers have been afforded protection under
existing labour legislation and how the Courts and the CCMA have balanced
technological innovation and business flexibility with the constitutional and
statutory imperatives of decent work, fair labour practices and social justice.
“These are matters of
growing importance not only to the United Republic of Tanzania, but also to the
wider SADC region. Your experience will therefore be invaluable as we consider
how our own legal and institutional framework should respond to the future of
work,” said Justice Mlyambina.
During the session, the
head of delegation also conveyed the warmest judicial and diplomatic greetings
of the Chief Justice of the United Republic of Tanzania, His Lordship George
Masaju, to the Judge President of the Industrial Court and Labour Appeals Court
of Republic of South Africa.
“His Lordship has asked
me to convey his sincere regards and his profound appreciation for the cordial
and longstanding relations between our two Judiciaries…
“He attaches great
importance to the continued strengthening of judicial cooperation between the
United Republic of Tanzania and the Republic of South Africa and regards the
exchange of judicial knowledge and experience as an important means through
which our institutions can learn from one another and collectively strengthen
the administration of justice,” Dr. Mlyambina said.
Other members of the Tanzania
delegation to the benchmarking visit to to the Labour Appeal Court, Labour
Court and Commission for Conciliation Mediation and Arbitration of South Africa
(CCMA), includes Presiding Judge-in-Charge of the High Court of Tanzania,
Labour Division, Hon. Dr. Ntemi Kilekamajenga and two other Judges from the
same court, Dr. Modesta Opiyo and Nehemia Mandia.
The rest are Deputy
Registrar of the High Court of Tanzania Labour Division, Hon. Cassian Matembele,
Deputy Registrar of the High Court of Tanzania, Hon. Mussa Ahmed Hamza, Court
Administrator of the High Court of Tanzania, Labour Division, Ms. Joyce Mulugu and
the Director of the Commission for Mediation and Arbitration (CMA) of Tanzania,
Hon. Usekelege Mpullah.
In the same boat are two Tanzanian
labour justice stakeholders, Mr. Christian Chiduga, Litigation Services Manager
at the Tanzania Ports Authority and Ms. Comfort Laizer, who is Senior Legal
Officer at the Tanzania Ports Authority. The delegation is accompanied by two
Protocol Officers: Mr. Fadhili Mgutta and Ms. Janeth Makopolo.
As a gesture of appreciation and friendship, and as a token of the warm regards of His Lordship Chief Justice George Masaju, Justice Mlyambina presented on his behalf, a gift to the Judge President, as a symbol of gratitude, friendship and the enduring bonds between two Judiciaries.
Other members of the Tanzania delegation during the meeting. From right in above and below pictures is the Judge in Charge of the High Court Labourt Division, Hon. Dr. Ntemi Kilekamajenga, the Principal Judge of the High Court of Tanzania, Hon. Dr. Mustapher Mohamed Siyani and Justice of the Court of Appeal of Tanzania, Hon. Dr. Yose Mlyambina. Extreme right in the above picture is Deputy Registrar of the High Court Labour Division, Hon. Cassian Matembele.
Judges of the High Court of Tanzania, Labour Division, Hon. Dr. Modesta Opiyo (above) and Hon. Nehemia Mandia (below) noting important points during the meeting.
Other members of the Tanzania delegation (above and two below pictures) following proceedings of the meeting.
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