Hakuna Judge wa ku handle kesi kama hiyo. Hawa wa leo hawawezi! RIP Judge Mwalusanya
Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.
Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country
Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA
Brief History of Judge Mwalusanya
Full Name: James Lewis Mwalusanya
Date of Birth: 8th September,1943
Place of Birth: Kililila village in Mbeya Region’s Rungwe District
Education: Tosamaganga Secondary School, 1960
Cambridge School Certificate of Education Examination in 1962
Tabora School (A Levels) between 1963 - 1964
University of E. Africa, Dar es Salaam College (Bachelor of Laws - LL.B), 1965-1969
Other Training: Compulsory National Service training at Makutupora Camp in Dodoma in 1970
Pupilage with Rweyongeza and Co. Advocates of Dodoma in 1998
Career: Resident Magistrate Grade III in March, 1969
Puisne Judge of the High Court of Tanzania in September, 1984
Admitted as an Advocate of the High Court of Tanzania, in 1998
NB: He retired as a Judge of the High Court in 1997
Important Publication: Sheria ya Haki za Binadamu (1988); Upanuzi wa Demokrasia na Uimarishaji wa Haki za Binaadamu Katika Mfumo wa Demokrasia ya Vyama Vingi Tanzania: Matumizi ya Katiba na Sheria Zilizopo ili Kudumisha Utulivu, Amani and Mshikamano (1993); Utaratibu wa Sheria wa Kutatua Migogoro ya Kazi: Pale Mfanyakazi Anaapoachishwa Kazi, Kufukuzwa Kazi, Kupunguzwa Kazi, Kupewa Likizo Isiyo na Muda Maalum na bila Malipo au Kustaafishwa kwa Manufaa ya Umma (1993); and Usheria ya Mirathi: Maswali na Majibu Kuhusu Haki za Wajane (1993).
Death: August 1, 2010.
Family: A widow, Bumi, and five children (Mpokigwa Emmanuel, Anna Gulila, Paulina Nabwike, Enelesi Deodatha and Ernest).