Topic: Lawyers to JK: Launch claims on unfit judges

Lawyers to JK: Launch claims on unfit judges

Thursday, 13 September 2012 23:18

By Bernard James The Citizen Reporter Dar es Salaam. The dark cloud hovering over the Judiciary has taken a new twist, following a call by the lawyers’ umbrella outfit, TLS, for a presidential enquiry into allegations that some judges are professionally sub-standard and ethically unsuitable.The TLS president, Mr Francis Stolla, says the society has resolved to seek President Jakaya Kikwete’s intervention, to restore public confidence in the third pillar of the State triumvirate whose other components are the Executive and Legislature. He was speaking to The Citizen exclusively, against the backdrop of allegations and misgivings that have been consistently gathering tempo within and outside parliament, that some individuals appointed as judges lacked the criteria for the sensitive post. Some court of appeal judges are rated so lowly that critics charge they are unfit to serve even as resident magistrates, making the need for formation of a presidential enquiry into the issue, Mr Stolla said. The first salvo was fired by Shadow minister for Justice and Constitutional Affairs Tundu Lissu in parliament last month, by remarking that some people who had committed serious crimes had been appointed judges. The fiery legislator, a professional lawyer, added that some of those elevated to the positions had never gone anywhere near judges’ chambers previously, and were thus unqualified. He reinforced his claim by citing Court of Appeal judge Mbarouk Mbarouk as an illustrative case, charging that he lacked the requisite academic qualifications spelled out in the Constitution. Mr Lissu characterised Mbarouk’s appointment “the greatest attack on the integrity of the judiciary.” In its first public reaction on the charges, TLS said: “We, as the people who have the duty to protect and assist the public in all matters touching on the administration of justice in Tanzania, have agreed to write to the President and Chief Justice, to notify them that the public is worried about this situation,” Mr Stolla said. He noted that the decision was reached at a recent meeting of the governing council of the mainland’s bar associations. “We adviced the appointing authority (the president) to relieve from duty a judge who lacks qualifications if it is so proved,” he said. The move comes amid reports that some people and organisations who had their cases presided over and for which verdicts were pronounced by Justice Mbarouk were planning to seek declarations that the verdicts were null and void. A source has confided to The Citizen that at least seven people are consulting lawyers in a bid to have decisions in their cases presided by Justice Mbarouk declared invalid. According to article 109 (7) of the Constitution, a person may only be appointed Judge of the High Court if he or she has “special qualifications”, including a degree in law from a university recognised by the accreditation authority in Tanzania. TLS, according to Mr Stolla, has not conducted research to prove Lissu’s allegations on judges and said it would not be easy to give its position on the integrity and qualifications of each judge. He remarked however: “But as a matter of principle, if it is true that Mbarouks lacks a first degree in Law, it means that he did not deserve appointment as a judge.” It is on record that TLS had in 2008 petitioned then Chief Justice Augustino Ramadhani with a list of six concerns which they wanted him to urgently address. One of the concerns was to remove Justice Mbarouk from office for not having academic qualifications for appointment as a judge of the High Court. TLS in its petition to former Chief Justice Ramadhani claimed that Justice Mbarouk only holds a diploma in law. Justice Mbarouk is now judge of the Court of Appeal. It was claimed by Lissu that people who may have committed serious crimes such as bribery or forgery of personal records in order to qualify for appointment had been appointed judges.On the ethical side of the allegations, Mr Stolla feels that time has come for the President to form a special tribunal to investigate allegations of misconduct. Under article 110A of the Constitution, the president cannot remove a judge but can appoint a special tribunal to investigate allegations of indiscipline and misconduct of judges. Pressure for action over credibility and validity of appointment of some judges gained tempo at the recent annual conference of TLS when Mr Lissu urged lawyers to demand an independent and transparent investigation on “why things were allowed to go so horribly wrong for so long.” Presenting a paper, the outspoken Singida East MP told the well attended conference: “Our aid to the judicature’s grave diggers’ now consists in our silence, our fear to speak out and thereby risk our petty privileges, our cowardice in the face of the flooding of our judiciary with judicial mediocrity,” he said. The Principal Judge Fakihi Jundu was among four judges whom Lissu told Parliament was appointed and performed duties of a judge contrary to the Constitution, thus compromising the integrity of the Judiciary. According to Lissu, the principal judge was given a contract to serve as a judge contrary to the Constitution which only provides for tenured judges. Last week, Justice Jundu told The Citizen that Lissu was not an institution in himself but the parliament where the allegations were made. “I will never fall into the trap of arguing with an individual and I leave the matter for the parliament to act,” he said.

Kwa mtaji wa vimbwangaa kama hivi kwenye ki-varanda cha taaluma ya sheria na utoaji haki nchini ndio kusema ya kwamba Tanzania yetu imekua ni nchi ya KITU KIDOGO AU NDIO KUSEMA TANZANIA jela ni yaa watu wadogo tu wasiokua na kitu mifukoni??????????????

andika basi kwa kiswahili ueleweke vema kwani hata lugha yenyewe uliotumia sio grammatical

By Pelekaroho

I doughty if mr. Stolla is aware of what he commented, look this "TLS, according to Mr Stolla,who???? has not conducted research to prove Lissu’s allegations on judges and said it would not be easy to give its position on the integrity and qualifications of each judge.

He remarked however: “But as a matter of principle, if it is true that Mbarouks lacks a first degree in Law, it means that he did not deserve appointment as a judge.”

It is on record that TLS had in 2008 petitioned then Chief Justice Augustino Ramadhani with a list of six concerns which they wanted him to urgently address.

One of the concerns was to remove Justice Mbarouk from office for not having academic qualifications for appointment as a judge of the High Court. TLS in its petition to former Chief Justice Ramadhani claimed that Justice Mbarouk only holds a diploma in law." The allegations to justice Mbarouk are not new to TLS, did his society present to the then chief justice unresearched allegations? This is another area lawyers have to earmark.

Tanzanian Lawyers are bunch of thieves who enrich themselves by cornering and swindles majority poor of this country so that they can live a lavish and posh lives.Nina hakika kesi kama ya Liyumba lawyers wetu wangekuwa wanatumia taaluma yao ipasavo Liyumba asingesota jela hata kidogo...na pardon me simaanishi kwamba Liyumba hakuwa na kosa au alikuwa na kosa bali kwa jinsi tuhuma zilivyoletwa mahakamani Liyumba alitakiwa awe huru siku ya pili tu baada ya kusomewa mashitaka,but sadly these golddiggers bush lawyers ndio waliomwangamiza mteja wao.

By gabatha

Ni kweli STOLLA ni coward na hata TLS nayo imekaa kimya wkt ukweli wanaujua. ZLS wao wako smart kwani walimkatalia jaji mkuu wao alipomteua mwanae ambaye hana sifa

ni jaji gani alimteua mwanane na huo mwanane ni yupi??

By Lokissa

andika basi kwa kiswahili ueleweke vema kwani hata lugha yenyewe uliotumia sio grammatical

his reply is well understandable.

Jk bana mambo ya kupeana vyeo kupitia vijiwe vya kahawa hayo

By ntagunga

Na Dr. Dhaifu, ndiye mwenye mamlaka ya kuwateua. Kwanza kuwateua kwenyewe kunahatarisha misingi ya kidemocrasia, kwa kuwa mhimili mmoja unaonekana kuwa juu ya mwingine. watawajibishana vipi sasa!!!!!

Judges of the High Court Judges and their appointment Act No. 14
of 1979
s. 6

109.-(l) There shall be a Principal Judge of the High Cour (who in the following provisions of this Constitution shall be referred to as the ''Principal Judge'') and other Judges of the High Court who shall be not less
than fifteen.

(2) The Principal Judge and other Judges of the
High Courts shall be appointed by the President after
consultation with the Judicial Service Commission.

Sasa kwa nini hao TLS wanamuomba mtu huyo huyo aliyewateua hao majaji ndiyo aanzishe uchunguzi dhidi yao?

It doesn't make sense.

...NN hili linasababishwa na mtu mmoja kujirundikia madaraka chungu nzima na matokeo yake ndiyo haya.

By Nyani Ngabu

Sasa kwa nini hao TLS wanamuomba mtu huyo huyo aliyewateua hao majaji ndiyo aanzishe uchunguzi?

It doesn't make sense.

By Nyani Ngabu

Hivi hao majaji wanateuliwa na nani?

Mkuu ni Mkulu ......umesahau kwamba yeye ana mamlaka na nguvu juu ya maisha na uhai wa Mtanzania.

By gabatha

Ni kweli STOLLA ni coward na hata TLS nayo imekaa kimya wkt ukweli wanaujua. ZLS wao wako smart kwani walimkatalia jaji mkuu wao alipomteua mwanae ambaye hana sifa

Wazenji bwana mimi nawapendea kitu kimoja they call a spade a spade. Sisi wa bara ni waoga mno hivi kweli tutajileta maendeleo kwa kupingana na ukweli kila kukicha??

By BAK

...NN hili linasababishwa na mtu mmoja kujirundikia madaraka chungu nzima na matokeo yake ndiyo haya.

Kujirundikia madaraka ni hatari kwa vile si rahisi kupambanua kila jambo kabla ya kuchukua maamuzi hivyo kufanya makosa makubwa ambayo yanashusha hadhi vibaya mno.

By Nyani Ngabu

Sasa kwa nini hao TLS wanamuomba mtu huyo huyo aliyewateua hao majaji ndiyo aanzishe uchunguzi dhidi yao?

It doesn't make sense.

They are cowards, corrupt and lacking in confidence

ndugu una uhakika? how can you raise allegations against all lawyers in the country?
what kind of a person are you?
they need an apology from you in due cause
its shame and unjust to condem all lawyers just because liyumba wa sentensed and bare in mind that the judgement was entered by the majority of magistrates in Kisutu.
Liyumba was sentensed because the attorneys were able to prove Liyumba's allegations with no doubt and the court was satsified beyond reasonable doubt. sasa ulitaka watumie ujuzi gani tena_
ulitaka aachiwe huru kesho yake mayb he is your father, shame upon you.

By Kabembe

Tanzanian Lawyers are bunch of thieves who enrich themselves by cornering and swindles majority poor of this country so that they can live a lavish and posh lives.Nina hakika kesi kama ya Liyumba lawyers wetu wangekuwa wanatumia taaluma yao ipasavo Liyumba asingesota jela hata kidogo...na pardon me simaanishi kwamba Liyumba hakuwa na kosa au alikuwa na kosa bali kwa jinsi tuhuma zilivyoletwa mahakamani Liyumba alitakiwa awe huru siku ya pili tu baada ya kusomewa mashitaka,but sadly these golddiggers bush lawyers ndio waliomwangamiza mteja wao.

Yale yale ya 'Degree za chupi'...

tumewapa midomo lazima mseme lkn mkumbuke kupiga mswaki siku zinakuja hatutatamani yanayotoka vinywani mwenu na hatutathubutu hata kuwasogelea.

tls ni dhaifu sana chini ya uongozi wao wa sasa kwani tumeona madudu mengi ambayo huitaji kuwa mwanasheria kuyagundua kwanza kauli yao imechelewa sana kwani haaikutakiwa kutolewa sasa wao ndio wanasimamia maadili ya wanasheria hivyo ni rahisi kugundua kama makosa au taratibu za kisheria zimekiukwa mpaka sasa hivi wameshindwa kuizungumzia rex attorney ambayo imeipotosha serikali kwa makusudi na kuiingiza nchi kwenye hasara kubwa pia walipasa kuhoji uteuzi wa jaji alikuwamo kwenye kampuni ilidhamini deep green wamekuwa watu wa kujipendekeza wakisubiri nao wapewe nyadhifa za kisiasa

Mzee naona imeku-touch au na wewe umo kwenye kula kiulaini huku kesi zikichukua miaka na miaka na watuhumiwa wakifirisika kama kesi ya Valhambia na BOT zilivyomtajirisha Mkono!?! Pole kama nimekukwaza.

By Lokissa

ndugu una uhakika? how can you raise allegations against all lawyers in the country?
what kind of a person are you?
they need an apology from you in due cause
its shame and unjust to condem all lawyers just because liyumba wa sentensed and bare in mind that the judgement was entered by the majority of magistrates in Kisutu.
Liyumba was sentensed because the attorneys were able to prove Liyumba's allegations with no doubt and the court was satsified beyond reasonable doubt. sasa ulitaka watumie ujuzi gani tena_
ulitaka aachiwe huru kesho yake mayb he is your father, shame upon you.

mm ndio mwanasheria wa siku kadhaa ingawa sipractice kwa sasa
lakini unapotoa hukumu ya pamoja unakuwa hutajatutendea haki
kesi kuchukua mda mrefu sio jukumu la wanasheria peke yao
kesi ina pande kuu tatu, mahakama, mshtakiwa na mshtaki

mfano kesi za mahakama kuu unaweza kupangiwa tarehe ya kutajwa miezi 4 mbeleni
hivo katika mwaka mnaweza kuhudhuria kesi mara mara 4
utamlazimisha jaji apange tarehe unayotaka wewe?
kwa upande wa DPP kuna swala la upelelezi na mashahidi
kuna swala la vielelezo

usishahu pia sheria yetu ya mwenendo wa makosa ya jinai CPA
ina mapungufu mengi mfano kuruhusu kesi kupelekwa mahakamani upelelezi ukiwa bado,
DPP kuwa na uhuru wa kuomba extension nk
muda au ukomo wa upelelezi, namna ya kuwaita mashahidi nk
zipo sababu nyingi.

soma soma sheria hizo ili uelewe yanayojiri tuwe na tamaduni za kujisomea
swala la hukumu haandiki mwanasheria ni hakimu au jaji
sidhani kama kuna haja ya kuwalaumu eti kwa vile fulani kafungwa au hakufungwa

Kaka siulimsikia Prof Muhongo,alisema kesi nyingi ni ulaji tu baina ya mawakili na government corporations kama Tanesco,sasa tutaachaje kuwatilia shaka lawyers wetu na hizi posh lives wanazoishi?

By Lokissa

mm ndio mwanasheria wa siku kadhaa ingawa sipractice kwa sasa
lakini unapotoa hukumu ya pamoja unakuwa hutajatutendea haki
kesi kuchukua mda mrefu sio jukumu la wanasheria p
kesi ina pande kuu tatu, mahakama, mshtakiwa na mshtaki

mfano kesi za mahakama kuu unaweza kupangiwa tarehe ya kutajwa tu miezi 4 mbeleni
kw ahivo katika mwaka mnaweza kuhudhuria kesi moa mara 4
utamlazimisha jaji apange tarehe unayotaka wewe?
kwa upande wa DPP kuna swala la upelelezi na mashahidi
kuna swala la vielelezo

usishahu pia sheria yetu ya mwenendo wa makosa ya jinai CPA
ina mapungufu mengi mfano kuruhusu kesi kupelekwa mahakamani upelelezi ukiwa bado,
DPP kuwa na uhuru wa kuomba extension nk
mda au ukomo wa upelelezi, namna ya kuwaita mashahidi nk
zipo sababu nyingi.

soma soma sheria hizo ili uelewe yanayojiri tuwe na tamaduni za kujisomea
swala la hukumu haandiki mwanasheria ni hakimu au jaji
sidhani kama kuna haja ya kuwalaumu eti kwa vile fulani kafungwa au hakufungwa

well saidi Kabembe sikatai kuwatilia mashaka wanasheria wapo wanaojitafuta hela kwa njia ambazo sio za haki,mfano katika sakata la EPA, na mikataba mibovu wapo waliojinufaisha na wengine hadi kuagiza hammer 5 kwa ndege kuletwa Dar.

Kesi za Tanesco inawezekana alivosema Prof. Muhongo kwani mawakili wa Tanesco wana mahekalu ya kutisha na maisha yanayozidi kiwango cha Mtanzania wa kawaida hiyo sikatai lakini katika kundi hili ni wachache kati ya wanasheria waliopo Tanzania.

Kazi ya wakili sio tu kumshauri client wake bali pia anawajibika kwa mahakama na jamhuri wengine hawazingatii hili wanafanya awezavyo hata kwa ushahidi mbovu au feki ili mteja wake ashinde wengine hata kuwahonga mahakimu.

kwa wanaozingatia code of ethics huwezi kuwakuta katika kashfa kama hizi.