PRINCIPAl Judge, Ferdinand Wambali, has clarified that the appointment of Prof Ibrahim Juma to acting Chief Justice was in accordance to the 1977 Constitution of the United Republic of Tanzania which gives power to the appointing authority to appoint a qualified person to the post.
He said one of the weekly newspapers in
the country published an article with a title ‘contradiction on the
appointment of acting Chief Justice’ which in one way or another
confuses Tanzanians.
He said the appointing authority gets
powers from the 1977 Tanzania Constitution under three main conditions,
which are explained under Section 118(4) (a) (b) and (c). He said the
acting Chief Justice was appointed after the Chief Justice, Mohamed
Chande Othman retired according to the law of the land.
The acting Chief Justice was appointed
on January 1, 2017 and was sworn in by President John Magufuli on
January 18, 2017. He said the Head of State fulfilled his duty in
accordance to Section 118 (4) of the Constitution of the United Republic
of Tanzania, 1977.
He said the appointment considered all
qualities of the appointed person as stipulated in Section 118(4) (C),
which needs the appointed judge to be one of the Judges from the Court
of Appeal. According to the Constitution of the United Republic of
Tanzania Section 118 (5), the acting Chief Justice will continue with
his duties until when the appointing authority will appoint a new Chief
Justice.
According to Principal Judge Wambali,
Tanzanians need to understand that the appointment of the acting Chief
Justice was in accordance to the mother law and that no single law was
violated.
He added that the acting Chief Justice
assumes all responsibilities that are always performed by the Chief
Justice, and that everything has been going on well since the Head of
State appointed Prof. Juma to the post.
Principal Judge Wambali said there is no
contradiction in the acting Chief Justice office and that everything is
going on as usual.
He assured Tanzanians that the Court of
Tanzania is stable and it will continue to pursue its duties according
to the Constitution of the United Republic of Tanzania without fear,
hatred or favour. He asked all judges, magistrates and other officials
to continue pursuing their duties diligently and professionally
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