By Edson Kilatu- esq
The fundamental role of the court is administration of justice, it is on that perspective it is usually referred to as court of justice as opposed to court of law
Article 107A(1) of the Constitution of Tanzania provides is clear terms that the judiciary shall be the final authority in the dispensation of justice in our country. Basically by being final it means it is the fountain of justice.
Globally judiciary is believed to be the only and the most reliable darling of justice for all seasons. When the people lose hope and all avenues turns hostile the only trust is the judiciary.
When trust is banked on the judiciary peace and stability is assured because people whose rights are abused will not resort to any extralegal remedies which in most cases are violent but with a mockery court no confidence will be pegged on the judiciary.
From 2010 the role of our supreme Court has changed from administering justice to nurturing oppressive spirit, the least to say.
For the first time our supreme Court astonished every one save only for devil worshipers having avoided their traditional role in the case of Independent candidate popularly knows as Mtikila II(Mtikila vs. Attorney General,2005). Indeed they made one of the detrimental judgment perhaps in a pledge of allegiance .
In 2020 alone Court of Appeal has made two historic decisions, one for Bob Wangwe vs. AG where the court dared to come up with an absurd judgment by allowing politically partisan District Executive Director and Municipal Executive Director most of them being CCM members to manage election in which their party competes with other parties. As a matter of law there is bias. Unfortunately and perhaps shamlessly the Court of Appeal decided in favour of Attorney General saying that since they take oath bfr assuming their duties oath removes bias. Hahaha that is the supreme Court.
In the Second case that was delivered on 5th Aug. 2020, the case of One Dickson Sanga vs. Attorney General. In both the two cases the Court of Appeal has proved again to be an accomplice to injustice, sorry to say.
In this case the Court of Appeal sided with the darling of devil to celebrate and rejoice over injustices and misseries of scores of innocent people rotting in various remands for several years at the pleasure of the Director for Public Prosecutions.
While the High Court diligently and jelously decided to yoke the Director for Public Prosecutions by triming off his unchecked powers that have been in constant abuse the Court of Appeal and their allies, the Prosecution authority found no logic in such a historic decision that brought hope to the oppressed.
Yes I was told once that it is the wearer who knows where the shoe pinches. We all know just like snow ball in Animal Farm our justices of appeal enjoy every privilege that an ordinary citizen has never dreamed. They are paid from consolidated fund, have good cars and high quality accommodation few to mention. Most important they can shake hands with the "king" any time they want.
How can they feel? After all they have non of their kinsmen rotting in remands at the pleasure of the Director for Public Prosecutions who as I talked to some remandees they have nick named him a " monster!"
Let them rejoice let them enjoy let them support the injustices as it injures non of them.
They are digging graves for us today . But we know their privilege is just for short while. By the moment they realize our bones will have gone and the vultures will be mercilessly eating their bones for none will dig a grave for their decent burial.
I'm saying this not without hasitations for I know the Court of Appeal is composed of the senior lumnaries who deserve unreserved command of respect
It took me quite long to choose my words but I encountered a serious conflict between my allegiance to their titles and allegiance to legal fraternity and the tenets of our sacred Constitution.
My mind said call a spade big spoon but my conscience said no just call spade a spade for sake of God.
Justices of appeal Know clearly that they have hammered the last nail in the coffin of injustices in sense that Tanzania being a common law system country our good puisne judges will be bound by these judgment despite being so irritating. I know the justices of Appeal must have learned this in Legal Method .
Go on rejoicing our miseries for it is just for a while. By the time you learn your wickedness it will be the point of no return.
You have incubated the most venomous serpant that will spare none.
Your conspiracy to torture our people by incarcerating them indefinitely save only at the pleasure of Director for Public Prosecutions will yield a retaliation in which we will have a big price to pay.
Our justices! are you such blind to the extent of destroying even the little hope we have ?
Where are the big brains we used to have in the judiciary ? Sammata where are you, Lugakingira rest in peace and don't dare to look back you will die for the second time. Mwalusanya rest in peace the judiciary is now in trial. Mockery of justice is the slogan.
Justices what will we write in your condolence books the day you are called by the creator. Will we write that your robes fitted you very much! Will we write that you managed to nail down our justice?
We are no longer proud of our supreme Court. It is the court of skepticism.
We better appeal to our Afrochemistry which is very far away fair and just than the Court of Appeal.
The fundamental role of the court is administration of justice, it is on that perspective it is usually referred to as court of justice as opposed to court of law
Article 107A(1) of the Constitution of Tanzania provides is clear terms that the judiciary shall be the final authority in the dispensation of justice in our country. Basically by being final it means it is the fountain of justice.
Globally judiciary is believed to be the only and the most reliable darling of justice for all seasons. When the people lose hope and all avenues turns hostile the only trust is the judiciary.
When trust is banked on the judiciary peace and stability is assured because people whose rights are abused will not resort to any extralegal remedies which in most cases are violent but with a mockery court no confidence will be pegged on the judiciary.
From 2010 the role of our supreme Court has changed from administering justice to nurturing oppressive spirit, the least to say.
For the first time our supreme Court astonished every one save only for devil worshipers having avoided their traditional role in the case of Independent candidate popularly knows as Mtikila II(Mtikila vs. Attorney General,2005). Indeed they made one of the detrimental judgment perhaps in a pledge of allegiance .
In 2020 alone Court of Appeal has made two historic decisions, one for Bob Wangwe vs. AG where the court dared to come up with an absurd judgment by allowing politically partisan District Executive Director and Municipal Executive Director most of them being CCM members to manage election in which their party competes with other parties. As a matter of law there is bias. Unfortunately and perhaps shamlessly the Court of Appeal decided in favour of Attorney General saying that since they take oath bfr assuming their duties oath removes bias. Hahaha that is the supreme Court.
In the Second case that was delivered on 5th Aug. 2020, the case of One Dickson Sanga vs. Attorney General. In both the two cases the Court of Appeal has proved again to be an accomplice to injustice, sorry to say.
In this case the Court of Appeal sided with the darling of devil to celebrate and rejoice over injustices and misseries of scores of innocent people rotting in various remands for several years at the pleasure of the Director for Public Prosecutions.
While the High Court diligently and jelously decided to yoke the Director for Public Prosecutions by triming off his unchecked powers that have been in constant abuse the Court of Appeal and their allies, the Prosecution authority found no logic in such a historic decision that brought hope to the oppressed.
Yes I was told once that it is the wearer who knows where the shoe pinches. We all know just like snow ball in Animal Farm our justices of appeal enjoy every privilege that an ordinary citizen has never dreamed. They are paid from consolidated fund, have good cars and high quality accommodation few to mention. Most important they can shake hands with the "king" any time they want.
How can they feel? After all they have non of their kinsmen rotting in remands at the pleasure of the Director for Public Prosecutions who as I talked to some remandees they have nick named him a " monster!"
Let them rejoice let them enjoy let them support the injustices as it injures non of them.
They are digging graves for us today . But we know their privilege is just for short while. By the moment they realize our bones will have gone and the vultures will be mercilessly eating their bones for none will dig a grave for their decent burial.
I'm saying this not without hasitations for I know the Court of Appeal is composed of the senior lumnaries who deserve unreserved command of respect
It took me quite long to choose my words but I encountered a serious conflict between my allegiance to their titles and allegiance to legal fraternity and the tenets of our sacred Constitution.
My mind said call a spade big spoon but my conscience said no just call spade a spade for sake of God.
Justices of appeal Know clearly that they have hammered the last nail in the coffin of injustices in sense that Tanzania being a common law system country our good puisne judges will be bound by these judgment despite being so irritating. I know the justices of Appeal must have learned this in Legal Method .
Go on rejoicing our miseries for it is just for a while. By the time you learn your wickedness it will be the point of no return.
You have incubated the most venomous serpant that will spare none.
Your conspiracy to torture our people by incarcerating them indefinitely save only at the pleasure of Director for Public Prosecutions will yield a retaliation in which we will have a big price to pay.
Our justices! are you such blind to the extent of destroying even the little hope we have ?
Where are the big brains we used to have in the judiciary ? Sammata where are you, Lugakingira rest in peace and don't dare to look back you will die for the second time. Mwalusanya rest in peace the judiciary is now in trial. Mockery of justice is the slogan.
Justices what will we write in your condolence books the day you are called by the creator. Will we write that your robes fitted you very much! Will we write that you managed to nail down our justice?
We are no longer proud of our supreme Court. It is the court of skepticism.
We better appeal to our Afrochemistry which is very far away fair and just than the Court of Appeal.