Lord Diplock MR
JF-Expert Member
- Mar 16, 2015
- 1,393
- 3,237
RC Makonda have to think twice before making some of his statement out of emotions. I have heard that Regional Commissioner of Dar es Salaam have officially banned religious leaders and their followers to go either to the police station or to Court to repport cases relating religious issues and to settle their disputes using courts and police shortly to seek justice from the judiciary.
What RC Makonda is doing is an attempt to oust the jurisdictions of courts in Tanzania in dealing with certain matters it is not the first time to happen this way, remember the effects of operation vijiji and the measures proposed by the government to solve the problem. The court in Tanzania was banned from entertaining all matters related to operation vijiji and land tenure confusions resulted thereof. You can refer the ruling in Lohay Akonay case.
The Judiciary in Tanzania is the main organ in dispensation of justice refer Article 107 of the URT constitution of 1977, it has unlimited jurisdiction it can deal with any dispute from non believers and believers of all religions. Though under administrative action known as decisions making action there other public authorities which can perform and exercise powers similar to those of a judge but this does not exclude the jurisdictions of the court in dealing with matters.
RC Makonda must understand that though religious institution have powers to resolve the disputes arising within their institutions but the above all jurisdictions over dispensation of justice is vested to the Judiciary this is to say if a believer or a leader of such religious institution is not satisfied with the decision made by his religious institution he have the right to appeal to the Court in Tanzania.
So to say the Statement of Makonda in the ambit of the law conflict the Constitution of URT of 1977 but also it is against human rights one of the basic human right well established in the constitution to the citizen of this country to appeal to the court.
I rest my case!
What RC Makonda is doing is an attempt to oust the jurisdictions of courts in Tanzania in dealing with certain matters it is not the first time to happen this way, remember the effects of operation vijiji and the measures proposed by the government to solve the problem. The court in Tanzania was banned from entertaining all matters related to operation vijiji and land tenure confusions resulted thereof. You can refer the ruling in Lohay Akonay case.
The Judiciary in Tanzania is the main organ in dispensation of justice refer Article 107 of the URT constitution of 1977, it has unlimited jurisdiction it can deal with any dispute from non believers and believers of all religions. Though under administrative action known as decisions making action there other public authorities which can perform and exercise powers similar to those of a judge but this does not exclude the jurisdictions of the court in dealing with matters.
RC Makonda must understand that though religious institution have powers to resolve the disputes arising within their institutions but the above all jurisdictions over dispensation of justice is vested to the Judiciary this is to say if a believer or a leader of such religious institution is not satisfied with the decision made by his religious institution he have the right to appeal to the Court in Tanzania.
So to say the Statement of Makonda in the ambit of the law conflict the Constitution of URT of 1977 but also it is against human rights one of the basic human right well established in the constitution to the citizen of this country to appeal to the court.
I rest my case!