Judges` retirement age to be pushed to 70 plus

Ngambo Ngali

JF-Expert Member
Apr 17, 2009
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The government plans to increase the retirement age for judges in the country to correspond with the system in Kenya and Uganda, parliament was told here on Friday.

Minister for Justice and Constitutional Affairs, Mathias Chikawe, said that the retirement age for judges was the lowest in the east African region, pointing out that the more judges stay on the bench, the better services they offer.


He said Tanzanian judges retire at the age of 65 years while their counterparts in Kenya and Uganda retire after attaining 70 and 72 years of age, respectively.


“ The government is exploring the possibility of changing this law so that our judges can retire at the age of seventy and above,” he said, adding that the country is still in need of many judges as those who graduate from high learning institutions still do not meet the demand.


Earlier in the day, while presenting his budget speech, the minister said thousands of cases are still pending in courts of law due to various reasons, including lack of enough judges.


According to the minister, in 2009/10, a total of 62,154 cases were filed at primary and district courts, of which 46,977 were determined and 15,177 are still pending.
At the high court, 18,502 cases were received during the period under review; 8,754 were determined and 9,748 are still pending.


He said that 4,141 cases were still pending at the High Court’s land division. A total of 5250 cases were filed at the court and 1,109 were determined during the period.
The minister informed the National Assembly that 1417 cases were pending at the labour division, following filing of 2002 cases of which 585 were determined.
Some 2,624 appeals were lodged at the Court of Appeal, of which 1997 are still pending.


A total of 10,255 complaints were submitted to the Human Rights and Good Governance Commission in 2006/07 and only 3296 were determined; 10,304 were filed in 2007/08 and only 2285 were concluded.


In 2008/09, 4,358 complaints were presented to the commission and only 789 were determined and 1,422 complaints were lodged in 2009/10 of which only 941 have been concluded.


In order to address the situation, the government is planning to establish high courts in every region.


The minister said process of getting consultants for construction of high court buildings in Mara, Singida and Mtwara regions had been completed.
The government will also construct high courts in Shinyanga and Kagera and registry of high court, commercial division in Dodoma in this financial year, explained Chikawe.


The government is also planning to build 20 primary courts in Dar es Salaam, Coast, Morogoro, Kilimanjaro, Rukwa, Tanga, Mtwara, Manyara, Arusha, Iringa, Mbeya, Mara, Mwanza, Tabora and Ruvuma regions.


On Kadhi courts, the minister informed the august House that a panel of Islamic scholars were reviewing and harmonising Islamic laws on marriage and inheritance in a bid to recognise them under the Islamic Laws Restatement Act.


But he warned that the court will only be allowed to operate in accordance with the law of the land, adding that failure to abide by the constitution would not be tolerated.



SOURCE: GUARDIAN ON SUNDAY

This speech by the minister shows that it is trully Tanzanian, namely how we do our things on try and error basis. Anataka kusema kuwa kuna mlundikano wa kesi shauri ya majaji wachache au masjala hazitoshi, nashindwa kumuelewa. Kama majaji ni wachache dawa ni kuongeza wengine sio kuwaacha wazee waendelee. Miaka 72 ya Mtanzania sio mchezo kabisa. Nadhani huyu waziri hajui mtanzaia wa miaka 72 anafananaje.

Kigezo kuwa majaji wakiwa wazee wanafanya kazi vizuri kakipata wapi is it supported by any research or whatever?

Ukija kwenye figures nazo ni cooked kabisa, amesema cases filed lakini mahakama kuu ina apellate jurisdiction, revisionary jurisdiction na original jurisdiction je hiyo figure imechukulia zote hizo?

Kesi ngapi zipo pending kwenye mahakama za wilaya na mahakama za hakimu mkazi? Ambazo zina appellate na original jurisdiction. naona ingekuwa bora anggeeleza mahakimu wa wilaya na mahakimu wakazi wapo wangapi Tanzania nzima ili mtu ajue kwa mwaka kila hakimu amemaliza kesi ngapi na ngapi zipo pending.

Lakini kama kawaida hii bajeti imepita
 
Nadhani mtu akifika miaka 70 inatosha kutumikia public service. Suala hapa ni wawepo wa kutosha na umri wao utazamwe vizuri wakati wa uteuzi, ili waweze ku serve kwa muda mrefu.
 
Wengi ya majaji wanateuliwa wakiwa tayari wamechoka. Hoja ambayo ingepaswa kuzingatiwa ni takwimu za utendaji na sio namba ana hata umri kwani wanaweza kuwa wengi lakini wakawa wazembe katika majukumu na kushindwa ku deliver. Pengine wengi wa mahakimu na majaji wanatumia dhamana za mamlaka yao kujiamulia hata muda wa kuwepo ofisi na kusikiliza mashauri.

Hata ule mpango wa "opras" kwa utumishi wa umma wa kupima spidi ya utendaji kwa kuzingati malengo mkakati na mikataba ya huduma kwa wateja, idara ya mahakama walionyesha kigugumizi kuwa kwao itakuwa ngumu....
 
Nadhani mtu akifika miaka 70 inatosha kutumikia public service. Suala hapa ni wawepo wa kutosha na umri wao utazamwe vizuri wakati wa uteuzi, ili waweze ku serve kwa muda mrefu.

Miaka sabini ya mtanzania, jamani mimi naona mingi sana kumuwezesha mtu kufanya kazi za kutumia akili.
 
Miaka sabini ni sawa!Lakini sio kwa district courts...maana kule kesi ni nyingi na itaishia kumu-affect mtu afya!!
 
Miaka sabini ni sawa!Lakini sio kwa district courts...maana kule kesi ni nyingi na itaishia kumu-affect mtu afya!!
Chapakazi kwa District crts kuna majaji au mahakimu?? umenichanganya hapa
 
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