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LAWYERS have welcomed the government’s invitation to legal practitioners to apply for the High Court Justice posts, describing the move a big step towards a transparent judiciary.
The government, through the Judicial Service Commission, has introduced new procedures for recruitment of judges of the High Court, a move that has seemingly thrilled both private advocates and officials from the Attorney General’s Chambers.
The Commission has in its public advertisement requested eligible people with prerequisite qualifications as provided for under Article 109 (6) (7) of the Constitution of the United Republic of Tanzania to apply for appointment as the High Court Judges.
“Those meeting the qualifications will be summoned for interview under the procedures to be provided by the Commission and those involved will be informed accordingly,” reads part of the advertisement that has received accolades from lawyers in private legal firms and AG office.
Former President of Tanganyika Law Society (TLS) Francis Stolla said the move widens the range of getting qualified persons for the post as opposed to the old procedure that lacked transparency. “I fully support the new move that gives an opportunity for those wishing to serve the nation as Judges of the High Court to express their interest.
This is a test of willingness of a person to hold the post and account before the Commission why they need to become Judges,” he said. Advocate Juma Nassoro echoed the sentiments. “We have many qualified people, with capacity to serve as Judges, but they couldn’t get appointed.
This new procedure is going to cure the problem.” However, Mr Nassoro was quick to add that that there must be transparency in the whole exercise, saying names of persons who would apply for the post must be publicly announced with their qualifications.
Some state attorneys from the Attorney General’s Chambers, who opted to remain anonymous, also supported the government’s new procedure, arguing that the move was in line with the provisions of the constitution and does not water down powers of the president.
“In fact, this procedure will promote transparency as opposed to the old procedure that raised many complaints against the appointed Justices. We have seen some Judges being appointed and retiring without writing a single judgment,” one state attorney charged. However, some advocates have strongly disapproved the move, alleging that although it could be well intentioned, its execution is problematic.
Advocates Nehemia Nkoko and Aldof Mahayi described the new procedure as unconstitutional, demanding amendment of the Constitution before implementing it. The Chief Justice (CJ) chaired Judicial Service Commission which is charged with several functions, including advising the president in respect of appointment of the Principal Judge and judges as well as scrutinising complaints against Justice of appeal, Principal Judge, Judges or Magistrate.
For many years there has been a scathing attack to the judiciary from a section of lawyers that some judges of the High Court were unfit for the job. TLS top leaders have several times demanded a presidential enquiry into allegations that some judges were professionally sub-standard and ethically unsuitable.
Judiciary Chief Executive Officer (CEO) Hussein Katanga told the ‘Daily News’ in an interview over the phone that the move aims at increasing transparency within the judiciary. Previously, the commission was proposing names, which were forwarded to the Head of State for official appointment as per the Constitution and the Judiciary Administration Act.
The Constitution demands that applicants for the Justice posts should have served as magistrates, held an office in the public service while possessing qualifications of attorney or have been private advocates, or possess qualifications for enrolment as advocates, continuously for a period of not less than ten years.
According to Mr Katanga, the judiciary decided that from now on all the judges will have to apply through the Commission before their names are forwarded to the president for appointment.
“For a long time, the commission has been receiving blames that it is not transparent... we have therefore taken the stakeholders’ views and opinions to enhance transparency in the process,’’ said Mr Katanga.
The Commission has set August 1, this year, as deadline of receiving applications, reminding the potential appointees to prepare themselves to work at any High Court station in Tanzania Mainland
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During its two year run, the project will award approximately 100 major reporting grants and provide mentoring to support the best ideas for stories on development issues. Journalists who produce the best stories published or broadcasted in media that reach African audiences, will win a major international reporting trip. During its two year run, the project will award approximately 100 major reporting grants and provide mentoring to support the best ideas for stories on development issues. Journalists who produce the best stories published or broadcasted in media that reach African audiences, will win a major international reporting trip.
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