By Faustine Kapama
THE Office of the Solicitor General has saved over 643bn/-that would have been paid if the
government of the United Republic of Tanzania had lost various civil and arbitration cases filed by various stakeholders in the country and abroad.Moving budget estimates for the Ministry of Constitution and Legal Affairs, Minister Prof Palamagamba Kabudi told the National Assembly here yesterday that in the 2020/2021 financial year, the Solicitor General had 60 old arbitration cases and received 38 new others, making a total of 98 such cases.
The minister pointed out that among them, 76 cases were filed in the country and the remaining 22 sued abroad. As of March, 2021, he said, 27 national cases have been determined and 49 remaining others still pending.
Similarly, the minister said, two of international arbitration proceedings were concluded, while the remaining 20 disputes were at various stages.
In the case determined, the Office saved 511,477,787,314/- which would have been paid to the creditors if the government had lost the cases.
Parallel to that, the minister noted that 14 arbitration proceedings were determined through mediation sessions where relevant information was submitted to the Attorney General's Office for guidance on reconciliation before and after being resolved.
Prof. Kabudi said also that the ministry, through the Solicitor General's Office had 20 international civil cases, of which four have been finalized and 16 still being handled.
In conducting these national and international litigations, the minister revealed that the government has saved an amount of 132,245,636,607/81 which would have been paid to the creditors if the government had lost such cases.
On part of criminal cases, Prof. Kabudi told the House that in the 2020/2021 financial year, the Ministry through the National Prosecution Office conducted criminal cases in the District Courts, Resident Magistrate's Courts, High Court and Court of Appeal.
He revealed that a total of 29,436 criminal cases were heard before District and Resident Magistrate Courts where 14,527 of them, equivalent to 49 percent were concluded.
According to him, 7,571 of the cases were concluded with accused persons being convicted, which is equivalent to 52 percent.
The minister also pointed out that the Office conducted 5,282 criminal cases in the High Court of Tanzania, of which 2,203 were of High Court sessions and that 698 of such cases, equivalent to 32percent were concluded and 1,505, estimated as 68 percent are ongoing in various stages.
In addition, the minister explained that a total of 3,079 cases related to appeals from the High Court where 1,656 cases, equivalent to 54 per cent were concluded and 1,423 cases, which is equivalent to 46 percent, are pending in various stages.
Similarly, he said, 786 criminal appeals were heard before the Court of Appeal, where 230 of them estimated as 29 percent were concluded and 556 still pending in different phases.
The minister also revealed that in the 2020/2021 financial year, some accused persons convicted of criminal offenses were given various penalties including imprisonment, fines and nationalisation of their properties.
An amount of 1,230,258,839/-, he said, was paid to the court as a fine in 4,738 cases. Prof. Kabudi also said that during the period under review, various assets were nationalised as the property of the government of the United Republic of Tanzania.
Such assets include 5,554,321,919/41 in cash 14 cars, three houses, six motorcycles, 105 logs, 3,205 timbers, one set of computer, two laptops, two televisions, one Camera, two Elephant tusks, three Hippopotamus and 71,654 Almas Karats worth 29,509,821.84 US dollars.
Prof. Kabudi further said that the Ministry, through the National Prosecution Office, continued to implement the exercise of plea bargaining agreement in accordance with the Law Amendment Act No. 11 of 2019 to end various criminal trials.
During the period of July 2020 to March 2021, he said, a total of 192 cases were concluded through such arrangement and a total of 243 accused persons pleaded guilty and paid to the government 35,073,204,715/97 as compensation as well as fines for economic offenses.
"This exercise is sustainable and these funds have been deposited in a special account located at the Central Bank of Tanzania," the minister said.
On part of the Judiciary of Tanzania, Prof. Kabudi told the National Assembly also that such third Pillar of State has continued to implement a strategy to reduce the backlog of cases to ensure citizens get justice in a timely manner
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