Mdau
JF-Expert Member
- Mar 29, 2008
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Please, naomba mod asiipeleke MADA hii kwenye JUKWAA LA SHERIA, naamini imekaa kisiasa pia na kule wanaoingia wengi ni wenye interest na SHERIA,huku wanaingia wengi sana….
Wadau, nimefikiria kwa makini sana trend iliyopo kwenye Judiciary System tangu ameingia rais wetu wa awamu ya nne, mheshimiwa JK….if am not mistaken, ameshateua majaji karibia arobaini, both in High Court and in the Court of Appeal…..naileta kwenu kama hoja, tujadili;
1. JE, HALI YA KISIASA NA KISHERIA NCHINI INAHITAJI UTEUZI WA MAJAJI WENGI HIVI KATIKA KIPINDI CHA URAIS WA RAIS MMOJA?
2. JE, UTEUZI HUU UNAZINGATIA VIGEZO VYOTE MUHIMU VINAVYOTAKIWA KUFUATWA KATIKA UTEUZI WA MAJAJI?
3. JE, VIGEZO MUHIMU VYA KUTEUA MAJAJI NI VIPI?
Nimechukua pia baadhi ya extracts za speech ya Mkapa ya 1997 aliyotoa kwenye Dinner ya Tanganyika Law Society, anayetaka yote ajaribu kugonga http://www.bu.edu/aparc/resources/tanzania/Tanza...0tanganyika law society,jan 10 1997.html
"The Constitution empowers me to appoint Judges but once I have done so my hands are tied even when it becomes common knowledge that a particular judge is unworthy of the high office he/she holds. One surely tries hard, with the advice of the Chief Justice, to pick qualified and upright men and women for the Bench. But we are not infallible, and the chance of an erroneous decision cannot be ruled out….I will be the last one to undermine the independence of the judiciary, either through appointments……… Do we really have to correct such a mistake through the lengthy and tortuous path of assembling a panel of Commonwealth judges? Members of the Commonwealth are at very different levels of constitutional and legal development……………. I do not wish in any way to subject our Judges or Magistrates to any reason to fear the Executive, but I challenge you to reflect upon an alternative and expeditious way of taking disciplinary action against unworthy magistrates and judges without threatening the independence of the judiciary…………… It must be realised, however, that as President I am politically accountable directly to the entire People of Tanzania for the proper administration of justice. If the people feel there is no justice to be derived from existing structures, what am I to do? Do I just keep quiet for fear of being accused of Executive interference in the Judiciary?...................... Judgments need to be fair and reasonable if they are to be accepted by the society in which they are being made. Only then will the judicial system and due process nurture Public Trust and Confidence…… By virtue of their training, members of the legal profession are perceived by the public as people who are learned in the law and as such you are at a vantage point of being able to initiate and manage change in the area of administration of justice……………….. The legal profession exists for the benefit of its members, for the benefit of the people it serves, and for the proper administration of justice………."
Tuendelee wadau...........
Wadau, nimefikiria kwa makini sana trend iliyopo kwenye Judiciary System tangu ameingia rais wetu wa awamu ya nne, mheshimiwa JK….if am not mistaken, ameshateua majaji karibia arobaini, both in High Court and in the Court of Appeal…..naileta kwenu kama hoja, tujadili;
1. JE, HALI YA KISIASA NA KISHERIA NCHINI INAHITAJI UTEUZI WA MAJAJI WENGI HIVI KATIKA KIPINDI CHA URAIS WA RAIS MMOJA?
2. JE, UTEUZI HUU UNAZINGATIA VIGEZO VYOTE MUHIMU VINAVYOTAKIWA KUFUATWA KATIKA UTEUZI WA MAJAJI?
3. JE, VIGEZO MUHIMU VYA KUTEUA MAJAJI NI VIPI?
Nimechukua pia baadhi ya extracts za speech ya Mkapa ya 1997 aliyotoa kwenye Dinner ya Tanganyika Law Society, anayetaka yote ajaribu kugonga http://www.bu.edu/aparc/resources/tanzania/Tanza...0tanganyika law society,jan 10 1997.html
"The Constitution empowers me to appoint Judges but once I have done so my hands are tied even when it becomes common knowledge that a particular judge is unworthy of the high office he/she holds. One surely tries hard, with the advice of the Chief Justice, to pick qualified and upright men and women for the Bench. But we are not infallible, and the chance of an erroneous decision cannot be ruled out….I will be the last one to undermine the independence of the judiciary, either through appointments……… Do we really have to correct such a mistake through the lengthy and tortuous path of assembling a panel of Commonwealth judges? Members of the Commonwealth are at very different levels of constitutional and legal development……………. I do not wish in any way to subject our Judges or Magistrates to any reason to fear the Executive, but I challenge you to reflect upon an alternative and expeditious way of taking disciplinary action against unworthy magistrates and judges without threatening the independence of the judiciary…………… It must be realised, however, that as President I am politically accountable directly to the entire People of Tanzania for the proper administration of justice. If the people feel there is no justice to be derived from existing structures, what am I to do? Do I just keep quiet for fear of being accused of Executive interference in the Judiciary?...................... Judgments need to be fair and reasonable if they are to be accepted by the society in which they are being made. Only then will the judicial system and due process nurture Public Trust and Confidence…… By virtue of their training, members of the legal profession are perceived by the public as people who are learned in the law and as such you are at a vantage point of being able to initiate and manage change in the area of administration of justice……………….. The legal profession exists for the benefit of its members, for the benefit of the people it serves, and for the proper administration of justice………."
Tuendelee wadau...........