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Lawyers to JK: Launch claims on unfit judges

Discussion in 'Jukwaa la Siasa' started by BAK, Sep 15, 2012.

  1. BAK

    BAK JF-Expert Member

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    [TD="class: contentheading, width: 100%"]Lawyers to JK: Launch claims on unfit judges [/TD]
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    [TD="class: createdate"] Thursday, 13 September 2012 23:18 [/TD]
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    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.


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  2. U

    Uwezo Tunao JF-Expert Member

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    Hivi Ma-jaji wakishapatikana kwa njia za mikataba inayozingatia UCHAKACHUAJI, USHEMEJI NA USHIKAJI, kinyume kabisa na maelekezo sahihi ya Katiba ya Jamhuri ya Muungano wa Tanzania, badala ya stahiki ki-taalum, je kile kinachotarajiwa kuwa ni UTOAJI WA HAKI kutoka mezani kwao utakua ni biashara ya aina gani hiyo wakati wengi wao ni MAIMUNA ndio hivi sasa tunasikia wengi wao wanajiendelezea ma-darasa ya ngumbaru kazini?????????????????
     
  3. Crashwise

    Crashwise JF-Expert Member

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    kuna siku nilikuwa naongea na Lema akaniambia kuwa na wabunge ni faida kubwa sana si tu kwa wabunge wenzake bali kwa taifa kwa wakati huo sikumwelewa lakini kwa muda wa miaka 2 sasa namfatilia huyu jamaa naweza kukubaliana na kikwete kwanini hakutaka ashinde ubunge maana alijua ni mtu hatari sana kwa serikali ya Mabwepande..Hongera Tundu Lisu tunaona faida ya kuwa na wabunge makini type yako..
     
  4. kookolikoo

    kookolikoo JF-Expert Member

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    ni aibu tupu!
     
  5. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Hivi hao majaji wanateuliwa na nani?
     
  6. p

    politiki JF-Expert Member

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    Mr.Francis Stolla is a classic example of coward people Tundu Lissu was talking about for uttering such ridicoulous statement noted below.

    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."

    Mr.stolla i am no body in this country but it took me about 10minutes to find out that Mbarouk does not have first degree in law. go look on his profile. shame on you for uttering such cowardly statement.
     
  7. Pelekaroho

    Pelekaroho JF-Expert Member

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    I doughty if mr. Stolla is aware of what he commented, look this "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." 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.
     
  8. Buchanan

    Buchanan JF Diamond Member

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    I don't know why TLS is so cautious in giving its remarks!
     
  9. ntagunga

    ntagunga JF-Expert Member

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    TLS can not do anything simply because they are thinking to be appointed as Judges one day by Dr. Dhaifu
     
  10. g

    gabatha Member

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    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
     
  11. ntagunga

    ntagunga JF-Expert Member

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    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.
     
  12. Facilitator

    Facilitator JF-Expert Member

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    Simple. These law professionals are well aware of the fact that, "evidence is ALWAYS weighed but NOT counted". Lawyers are very good in playing with the meanings of words, not the structure of words.
     
  13. kbosho

    kbosho JF-Expert Member

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    nch ya kshkaj! Unamjua nan ndo upate k2...kamwe tz swala la maendeleo endelevu 2sahau
     
  14. B

    Bigaraone JF-Expert Member

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    Law practioners in Tanzania under the umbrella of TLS and without are another jigger in the toe that have led our country in pathetic conditions. Our country has for so long been in a shit- fishy contracts that have given the biggest chunk to investors at the expense of tax payers, ho harrassment in all aspects to the poor majority, corruption in public sector and what have you. Lawyers were and are expected to be wristle blowers but ours have been passive and silent
     
  15. kibol

    kibol JF-Expert Member

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    yeye kateuliwa na yeye kamteua mwanae,nipe nikupe,haka kanchi bwana!!!
     
  16. PJ

    PJ JF-Expert Member

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    Issue siop majaji vihiyo.

    The problem is the appointing authority. Rais kwa makusudi anavunja katiba ya nchi na kuweka watu wake wa kutimiza matakwa yake binafsi. Shame on tanzanians who can not remove the shameful president
     
  17. Lambardi

    Lambardi JF-Expert Member

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    Tukumbuke maneno ya JK alipoingia madarakani,alisema"sasa ni zamu yetu".......alikuwa na maana kubwa sana sana....mtandao,marafiki,ndugu,na wa dini moja na yeye!!period!
     
  18. Mtoto Wa Mbale

    Mtoto Wa Mbale JF-Expert Member

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    Simple, they are ccm's puppets.
     
  19. M

    Mutakyamirwa JF-Expert Member

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    'The Principal Judge and other Judges of the
    High Courts shall be appointed by the President..."

    hayo ndoo zao la katiba ya chama kimoja na viongozi wasio makini. never ever ktk mfumo huu haki yaweza tendeka. let's try kupitia mageuzi ya katba ijayo if it fails...something imaginable must be done!
     
  20. Jiwejeusi

    Jiwejeusi JF-Expert Member

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    Jamani kikwete, wewe ni dhaifu sana. Na hili nalo utasema umedanganywa. Hapana kikwete unajidanganya mwenyewe. Unayafanya haya kwa maksudi.
     
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