Where are our Judiciary and the Tanganyika Law Society (TLS)?

Respicius Mwijage · 2024-02-16T03:58:59+00:00

The Judiciary stands as one of the critical and indispensable arms of the government, entrusted with the solemn duty of ensuring justice for all Tanzanians. Similarly, the Tanganyika Law Society represents a stronghold of legal defence, where citizens anticipate support in their pursuit of justice. However, recent public declarations by Comrade Paul Christian Makonda, the ruling party's Publicity Secretary, cast a shadow over these institutions. Makonda's statements indicate that justice in Tanzania is attainable only for those with substantial financial resources, suggesting a system where legal outcomes are determined not by merit but by monetary influence. Furthermore, his assertions imply a culture of corruption within the legal system, where collusion between advocates and judicial officers is permissible under the pretext of financial gain. Most concerning is Makonda's encouragement for Tanzanians to bypass the judiciary entirely, instead suggesting resolution of legal matters directly with the executive branch. Such sentiments not only undermine the judiciary and legal profession but also contravene Article 107A(1) of the Constitution of the United Republic of Tanzania (1977), which designates the judiciary as the ultimate arbiter of justice. Additionally, this stance contradicts the 2020/2025 Manifesto of the CCM Party, which makes no provision for citizens to circumvent the judicial process. The implications of Makonda's remarks are profound, eroding public trust in the judiciary and tarnishing the integrity of legal practitioners. What lessons can be gathered from this situation? Makonda's statements have left Tanzanians disheartened, questioning the relevance of both the judiciary and the Tanganyika Law Society. Moreover, the credibility of the judiciary has been severely compromised, and advocates now face a crisis of confidence, perceived as prioritizing financial gain over the pursuit of justice. Yet, within this controversy, notable is the silence from the highest leadership of the judiciary and the Tanganyika Law Society. Unlike the swift response seen in neighbouring countries such as Kenya, where Chief Justice Martha Koome promptly addressed similar accusations, the lack of public rebuttal from Tanzanian judicial authorities raises concern. This silence does not reflect the proverb that "silence is golden"; rather, it suggests a reluctance to confront the issue at hand, leaving the motives behind this inaction open to speculation. The implications of Makonda's statements extend far beyond mere rhetoric. They underscore the importance of upholding the principles of justice, the rule of law, and the integrity of legal institutions in Tanzania. It is imperative for the judiciary and the Tanganyika Law Society to address these concerns transparently and decisively, reaffirming their commitment to justice and the rule of law. On the contrary, the Kenya Law Society did not remain silent; instead, it stepped forward publicly to condemn the President's statements and planned a peaceful demonstration to denounce the allegations against judicial officers regarding corruption. This erosion of confidence in our judiciary is deeply troubling. In such circumstances, Tanzanians are losing faith in the judiciary. If judicial officers, including magistrates, judges, and court officers, are accused of being motivated by money, it raises serious questions about the integrity of our legal system. Where is justice to be found in such a scenario? The future of the judiciary and the Tanganyika Law Society hangs in the balance. It is imperative for the head of the judiciary to address the public and restore hope to Tanzanians. Similarly, the President of the Tanganyika Law Society must emerge from the shadows and defend fellow advocates who serve as officers of the court. Without such actions, any clandestine measures taken will only further confuse Tanzanians and fail to reassure judicial officers and advocates. Retired judicial officers and advocates also have a role to play. While their past contributions are respected, their silence in the face of the current crisis is regrettable. It is expected that retired judges, magistrates, and prominent advocates would speak out in defense of the judiciary and legal profession, thus upholding the principles of the rule of law, judicial independence, and separation of powers. We can draw inspiration from our neighbours in the United Republic of Kenya. When the judiciary there comes under unjustified attack, retired justices have consistently spoken out to defend it. Where are our esteemed retired Chief Justices and judges, such as Barnabas Albert Samatta, Mohamed Chande Othman, Luanda, Kileo, Makanja, and Chacha? Similarly, where are our senior advocates like Dr. Nguluma, Mr. Kameja, Dr. Kapinga, Prof. Safari, and Dr. Tenga? Their absence in this crucial moment leaves the legal profession in a state of uncertainty. The administration of justice relies on a strong bench, a robust public bar, and an active private bar. Yet, the recent statements by Comrade Makonda have tarnished all three pillars. Even the Attorney General, whose role was implicitly challenged, has remained silent, much to the dismay of Tanzanians concerned about justice. In conclusion, it is imperative that the rule of law prevails, judicial independence is safeguarded, and the principles of separation of powers are upheld. Without these fundamentals, our beloved country risks descending into chaos, similar to an animal farm. …. The author (Respicius E. Mwijage) is a Tax lawyer with experience in Tax Dispute Resolution. E-mail: remwijage at yahoo.com Mob: +255 688 526 718

Thread starter Respicius Mwijage
Start date Feb 16, 2024
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society tanganyika tanganyika law society tls where

Respicius Mwijage

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Where are our Judiciary and the Tanganyika Law Society (TLS)?

Respicius Mwijage

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