Orders tough actions by judges, magistrates against culprits Insists on power separation among state pillars
He decried what he described as unbecoming tendency of disrespecting the court orders as well as assuming the functions and roles of the judiciary in justice dispensation.
Addressing reporters in Dar es Salaam yesterday, the CJ warned government officials outside the judicial circles that dispensation of justice in Tanzania was constitutionally an exclusive mandate of the judiciary.
Professor Juma, referring to Article 107A of the country’s Constitution, said: “The judiciary (of Tanzania and Zanzibar) shall be the authority with final decision in the dispensation of justice in the United Republic of Tanzania.” He said under the constitution there is no any executive or parliamentary or Zanzibar House of Representatives body that will have the final authority in the provision of justice in the country.
“I urge all government officials with constitutional and legislative authorities to remain in theirconstitutional command areas and to avoid interfering with the rights, duties, status and constitutional jurisdiction of the judiciary,” charged Professor Juma.
The Head of Judiciary, one of the state’s three pillars, was speaking ahead of the Law Day Exhibition Week that kicks off this Saturday at Mnazi Mmoja Grounds. The Law Day cerebrations are scheduled countrywide, but at national level, the day will be marked in Dar es Salaam on February 1.
He stressed on the need for leaders at all levels to observe the principle of separation of powers between the executive, legislature and judiciary as guaranteed under the constitution, warning against interference with the judicial functions.
“From now onwards, we (magistrates and judges) will be harsh against those interfering with our mandates...we should cultivate a culture of respecting the laws,” he warned.
Professor Juma said he had learnt from various sources, including media, an emerging tendency of people and government officials disrespecting and breaching court orders.
He reminded magistrates and judges of their role to safeguard the integrity and status of the judiciary by ensuring adherence to all issued orders, directing judicial officers to summon all disobedient to show cause as to why they should not be punished.
“I urge magistrates whose orders are unfortunately often dishonoured to adopt the parliamentary system of summoning, questioning and punishing the offenders...we have that power,” Prof Juma said.
He further advised government officials to respect the law for the three pillars of the state to perform their functions independently, assuring the public that there will be no interference if the country’s constitution and laws are respected
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