PUBLIC LECTURE BY CHIEF JUSTICE BARNABAS ALBERT SAMATTA(rtd) AT RUCO 25 NOV 2010

[Daudi Mchambuzi]

"In defining of the lecture nowdays it seems as the parliement has take the judicial so as it do interpretate the law as it was done in private candidate case. By doing so, we need not to have judicial system in Tz as the parliement has take over the duty. Im already by that power to the parliement it can do as follows, repeal the provisions establishing a republican system and replace them with provision establing the mornachy,repeal Artcle 40(2) of our constitution which resticts presidential terms to two, each being of five years, and substitute therefor a provision establishing life presidency; disolve itself and transfer its legislative powers to the cabinet. Repeal article 107 A, and B of our constitution and substitute there for provisions making courts accountable to parliament or subjecting their decisions to revision by that organ's committee abolish the current court system by repealing the relevant provisions and establish a new system where by courts are wholly manned by laymen and laywomen and controlled by the president's office through the ministry responsible for legal affair. 17th June 2010, will always occupy a unique place in the history of administration of justice in this country.On that date a seven - judge full bench of court of appeal (Ramadhani C.J, Munuo J, Msoffe J, Kimaro J, Mbarouk J, Luanda J and Mjasiri J) delivered it judgment in what is, beyond rationo controversy, the most important case ever to have been brought before the court of law in the country having given serious consideration to the possible consequence of that judgment on human right, democracy and rule of law in our country."
The above words are by Chief Justice Satta (rtd), the following are my views;

THE ARGUMENTS GIVEN BY THE COURT OF APPEAL WERE SOUND TO ANY REASONABLE MAN TO BE FOOLISH AND IMPLIES TO ANY REASONABLE MAN THAT COURT OF APPEAL IS A POLITICAL COURT AS IT LEAVE THE DESTINY AND THE INDIVIDUAL RIGHTS IN SOCIETY TO BE DETERMINED BY POLITICIANS IN PARLIEMENT. THIS IMPLIES THAT THE BASIC STRUCTURE OF OUR CONSTITUTION HAS EXPIRED AND THE COURT OF APPEAL OF TZ IS IMPOTENT AS THE PARLIAMENT AMEND THE BILL OF RIGHT. THIS IS MY FIND, WHAT'S YOURS PRUDENT PERSON(s).

 

[Mtazamaji]

Ok Mi maimuna hapa

 

[josef kambangwa]

Kwa kweli samatta ameonyesha ukomavu wa juu, ili ni jambo la kwaza kwa mtu mkubwa kama huyu aliye tumikia taifa kusema ukweli waziwazi, kaka nitumie document yote nipate kutafakari zaid. Kwa kweli serikali inapaswa kujua kwamba haiongozi tena maiti.
Big up mheshimiwa

 

[chama]

Wow very interesting article, I can`t believes those words came from justice Samatta, there is no doubt that the goverment is using judiciary system to promote their agenda; i am glad justice Samatta came out strongly and hoping will use his expertise to educate our society the importance of separation of power.

 

[Gad ONEYA]

I am afraid inawezekana either jamaa hapo juu alikuwa ana-type mwenyewe au anajaribu ku-reprensent maneno ya Mh Samatta kwa style yake (daudi mchambuzi) kwani kuna lots of grammatical cum spelling errors! Otherwise the idea of the ret. chief justice is commendable.

 

[Daudi Mchambuzi]

Gad ONEYA i think a reasonable man should afraid of the wrong done by court of appeal rather than typing error done by daudi mchambuzi, the prudent man determine the intention of the words and not the spelling error,utake ustake ujumbe wa samatta umeipata.the truth is an offence.

 

[nkasoukumu]

Jamani court of appeal when u read the held of that case the court states that the issue of private candidate is a political issue and not to be determine by the court thus let assume that, for a moment,that the court of appeal was right in holding that the issue concerning independent candidates was a purely political one. That assumption, i think, makes one entitled to ask: Why did the court decide to enter a political arena by giving advice to parliment and the attorney general on a political matter that the matter shall go back to the parliament i dont think if its reasonable for a noble function to be done by an organ unauthorised by law and ill-equipped to perform it.

 

[Rutashubanyuma]

Siku nyingi tumekuwa tukilalamika ya kuwa bila ya kuibadilisha katiba mahakama zetu zitakuwa ni vikaragosi vya serikali kuu.....................ajira na upandishwaji wa vyeo ni lazima usimamiwe na Bunge..........................hakuna jinisi ya kuinusuru mahakama zetu