This Act was repealed on 2005-07-01 by Judicial Service Act, 2005.
Judicial Service Act
Tanzania
Judicial Service Act
Chapter 237
- Published in Tanzania Government Gazette
- Commenced on 9 December 1962
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Judicial Service Act, 2005 (Act 2 of 2005) on 1 July 2005]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Judicial Service Act.2. Interpretation
Part II – The Judicial Service Commission (ss. 3-14)
3. Appointed member of the Commission
The provisions of subsections (3) to (6) (inclusive) of section 4 of the Public Service Act 4, shall apply mutatis mutandis in relation to a person appointed a member of the Commission under paragraph (c) of subarticle (1) of Article 112 of the Constitution of the United Republic:Provided that this section shall not apply where the President appoints the Chairman or a member of the Public Service Commission by office as a member under that paragraph.4. Staff
5. Oaths
6. Vacancy in membership
Subject to its rules of procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member:Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.7. Procedure
Subject to the provisions of this Act and, in relation to any function of the President, to any regulations made by the President, the Commission may regulate its own procedure.8. Protection of members
Every member of the Commission shall have such and the like protection and privilege in case of any action or suit brought against him for any act done or omitted to be done in the bona fide execution of his duties as is by law given to the acts done or words spoken by a judge of the High Court in the exercise of his judicial office.9. Communications of Commission to be privileged
No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between the Commission, or any member or officer thereof, and the President or a delegate, or the Public Service Commission or Police Force and Prisons Service Commission or any member of either such Commission, or any person holding office in the service of the Republic, or between any member or officer of the Commission and the Chairman thereof, or between any members or officers of the Commission, in exercise of, or in connection with the exercise of, the functions of the Commission, unless the Chairman of the Commission consents in writing to such production or disclosure.10. Offence to influence or attempt to influence Commission
Without prejudice to the provisions of any other law, every person who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission shall be guilty of an offence and on conviction shall be liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment:Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any office or from supplying any information or assistance at the request of the Commission.11. Offence of false information to the Commission
Without prejudice to the provisions of any other law, any person who in connection with the exercise by the Commission of its functions or duties wilfully gives to the Commission any information which he knows to be false or does not believe to be true, or which he knows to be false by reason of the omission of any material particular, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.12. Interpretation of "Commission" in sections 10 and 11
For the purposes of sections 10 and 11, the term "Commission" shall include the Commission, any member of the Commission, any officer of the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions or duties.13. Unauthorised disclosure of information prohibited
14. Prosecutions
A prosecution in respect of any offence under this Part of this Act shall not be instituted except with the consent of the Director of Public Prosecutions.Part III – Provisions relating to the functions of the President (ss. 15-17)
15. Delegation of functions
16. Advice
The President may refer to the Commission for its advice any matter relating to the exercise of the functions conferred on the President by Article 113 of the Constitution of the United Republic 6 or any function of establishing or abolishing any judicial office and the Commission shall advise the President on any such matter so referred to it:Provided that nothing in this section shall preclude the President from seeking advice in respect of any such matter from any other person.17. Regulations
Part IV – Provisions relating to the functions of the Commission (ss. 18-21)
18. Delegation of functions
19. Powers of dismissal and removal
20. Appeals
21. Regulations
Part V – Special provisions relating to Magistrates (s. 22-24)
22. Interpretation
In this Part—"Principal Judge" means the Judge of the High Court of the United Republic, designated "Jaji Kiongozi" in Kiswahili appointed under Article 109 of the Constitution of the United Republic 12;"Judge in charge" means the Judge in charge of a High Court Zone;"Special Commission" means the Commission established by section 23.[s. 21A]23. Establishment of Special Commission and Boards
24. Appointment and removal, etc., of primary court magistrate
Part VI – Provisions relating to retiring benefits (ss 25-27)
25. Protection of pension rights
26. Power of Commission in relation to pensions, etc.
27. Meaning of "public officer"
In sections 22 and 23, the expression "public officer" means—Part VII – Administration of the judicial service and general provisions (ss 28-32)
28. Administration
29. Regulations
30. Legal proceedings
31. Regulations
Regulations made under this Act shall be published in the Gazette.[s. 28]32. Transitional provisions
Until regulations are made under this Act replacing or modifying the Judicial Service Commission Regulations, those Regulations (other than Parts II and III thereof) shall continue in force and effect in relation to the matters provided therein with such variations as may be necessary to bring the same into accord with the law in force on the ninth day of December, 1962, and as if—History of this document
01 July 2005
Repealed by
Judicial Service Act, 2005
31 July 2002 this version
Consolidation
09 December 1962
Commenced
Cited documents 3
Act 3
1. | Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka | 4630 citations |
2. | Public Service Act, 2002 | 36 citations |
3. | Public Service Retirement Benefits Act | 17 citations |
Documents citing this one 24
Gazette 13
Government Notice 4
Act 3
1. | Security of Employment Act | 237 citations |
2. | Commission for Human Rights and Good Governance Act | 14 citations |
3. | Budget Act, 2015 | 2 citations |
Judgment 3
Law Reform Report 1
1. | Review and Drafting of the Proposed Provisions for Amendment of the Sexual Offences Laws as Amended by SOSPA 1998 |
Subsidiary legislation
Title
|
|
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Judicial Service (Delegation of Powers) Regulations, 1991 | Government Notice 511 of 1991 |
Judicial Service (Delegation of Powers) Regulations, 1991 | Government Notice 510 of 1991 |
Judicial Service (Special Commission) (General, Termination of Service and Disciplinary) Regulations, 1966 | Government Notice 57 of 1986 |
Judicial Service (General, Termination of Service and Disciplinary) Regulations, 1965 | Government Notice 175 of 1965 |
Judicial Service (Appointments and Other Presidential Functions) Regulations, 1964 | Government Notice 665 of 1964 |
Judicial Service (Regional Boards Establishment) Regulations, 1964 | Government Notice 369 of 1964 |