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Tanzania
Judiciary Administration Act
Chapter 237
- Published in Tanzania Government Gazette 4 on 10 June 2011
- Assented to on 3 June 2011
- Commenced on 1 March 2012 by Judiciary Administration Act (Date of Commencement) Order, 2012
- [This is the version of this document from 1 December 2023.]
- [Amended by Budget Act (Chapter 439) on 1 July 2015]
- [Amended by Finance Act, 2016 (Act 2 of 2016) on 1 July 2016]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2020 (Act 6 of 2020) on 19 June 2020]
- [Amended by Legal Sector Laws (Miscellaneous Amendments) Act, 2023 (Act 11 of 2023) on 1 December 2023]
Part I – Preliminary provisions
1. Short title and commencement
This Act may be cited as the Judiciary Administration Act, 2011 and shall come in operation on such date as the Minister may, by notice published in the Gazette, appoint.2. Application
This Act shall apply to Mainland Tanzania.3. Interpretation
In this Act unless the context otherwise requires—“Chairman” means the Chairman of the Commission;“Chief Court Administrator” means the Chief Court Administrator appointed under section 7;“Chief Justice” shall have a meaning ascribed to it under the Constitution;[Cap.2]“Chief Registrar” means the Chief Registrar appointed under section 27(1);“Commission” means the Judicial Service Commission referred to under section 29;“Commissioner” means a member of the Commission;“Committee” means the Judicial Officers Ethics Committee, Non-Judicial Officers Committee and any other Committee established under this Act;“Constitution” means the Constitution of the United Republic of Tanzania, 1977;“Jaji Kiongozi” shall have a meaning ascribed to it under the Constitution;“judicial officer” means a person in the Service, appointed to perform the functions and exercise the powers of adjudication or determination of cases in the courts of law;[definition of "judicial officer" amended by section 42 of Act 11 of 2023]“Judge in-charge” means a Judge in-charge of a High Court Zone or Division of the High Court;“Judiciary” means the Court of Appeal, the High Court and the courts subordinate thereto;“Judicial Service Office” means an office constituted under the Act;“Minister” means the Minister responsible for justice;“non-judicial officer” means a person who performs the functions and exercises the powers, in the Service, other than a judicial officer;“Secretary” means the Secretary to the Commission referred to in section 15(1);“Service” means the Judiciary Service established under this Act.“Service Scheme” means administrative document stipulating a formal or official order or way of doing things for the purpose of enabling judicial and non-judicial of the Service to serve in an orderly and accountable manner.Part II – Administration
(a) – Judiciary Service
4. Judiciary Service
5. Judicial Scheme
6. Divisions and Units of the service
There shall be established by the Commission for the purpose of the Service such number of Divisions, Units and Sections as may be necessary for effective performance of the functions of the Judiciary.(b) – Chief Court Administrator
7. Appointment of Chief Court Administrator
8. Functions of the Chief Court Administrator
9. Disciplinary authority
The disciplinary authority of a person holding the office of the Chief Court Administrator shall be the President.10. Performance of functions and exercise of powers of Chief Court Administrator
11. Courts administrators
12. Transfer of staff
(c) – Judicial Service Commission
13. Judicial Service Commission
14. Powers of the Commission
15. Secretary to the Commission
16. Oaths
17. Vacancy in membership
18. Procedure
Subject to the provisions of this Act and to any regulation made by the President, the Commission shall regulate its own procedure.19. Protection of members
Every member of the Commission shall, in case of any action or suit brought against that member for any act done or omitted to be done in the good faith in the execution of duties, have like protection and privileges as is by law given to the acts done or words spoken by a Judge of the High Court in the performance of a judicial function.20. Communication 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—(e) – Functions and Powers of the President
21. Advice
22. Regulations
Part III – Chief Justice and Chief Registrar
(a) – Chief Justice
23. Chief Justice
The Chief Justice shall, in addition to functions provided for under the Constitution or any other written law, perform functions and exercise powers provided for under this Act.24. Powers of the Chief Justice
25. Judicial functions
26. Jaji Kiongozi
(b) – Chief Registrar and other Registrars
27. Chief Registrar
28. Functions of the Chief Registrar
Part IV – Functions of the Commission
29. Functions of the Commission
30. Employee of the Service
31. Review of benefits
32. Review of terminal benefits
In the exercise of powers to review the salaries, allowances or other terminal benefits for employees under this Act, the President shall have regard to the national economy and any other consideration necessary for arriving at or making an appropriate decision.33. Delegation of functions
34. Appointment of certain members of the Service
35. Powers of dismissal and removal
Part V – Judicial Officers Ethics Committees
36. Establish of Judicial Officers Ethics Committees
There shall be Judicial Officers Ethics Committees of different levels which shall be responsible for making investigations and inquiries against Judicial Officers.(a) – Judges Ethics Committee
37. Establish and composition of the Committee
38. Functions of the Committee
39. Complaints before the Committee
A complaint against a Justice of Appeal, Jaji Kiongozi or Judge may be raised by—40. Who may lodge a complaint
41. Form and content of a complaint
42. Procedure of complaints by the Chief Justice
The Chief Justice may, upon receipt of a complaint and where he considers it appropriate so to do—43. Handling of a complaint by the Committee
The Committee may, upon receipt of a complaint from the complainant or directions from the Chief Justice or remittance from the Commission.44. Procedure where a Judge does not admit complaint
Where a matter is placed before the Committee and the Judge concerned does not admit the complaint and the Committee considers the complaint to be of a grave nature, the Committee shall refer the matter to the Commission.45. Proceedings of the Committee
The Committee shall, upon receipt of a complaint from the Chief Justice or, the Commission, deal with it in accordance with the provisions of section 39 of this Act.(b) – Judicial Officers Ethics Committee
46. Establishment and composition of the Judicial Officers Ethics Committee
47. Functions of the Judicial Officers Ethics Committee
48. Complaints before Judicial officers Ethics Committee
A complaint against a judicial officer may be raised by—49. Procedure
The provisions of sections 41, 42, 43, 44 and 45 relating to the complaints procedure shall mutatis mutandis apply to complaints against judicial officers.(c) – Regional Judicial Officers Ethics Committee
50. Establishment of Regional Judicial Officers Ethics Committee
(d) – District Judicial Officers Ethics Committee
51. Establishment of the District Ethics Committee
Part VI – Financial provisions
(a) – Establishment of the Fund
52. Funds of the Judiciary
53. Other sources of funds
54. Accounts and Audit
55. Internal financial regulations
56. Annual report
The Chief Court Administrator shall, in each year, submit to the Minister, copies of a statement of income and expenditure and a copy of the auditor’s report, together with a report on the activities of the Commission during the financial year, and the Minister shall submit the reports to the National Assembly.(b) – Budget estimates
57. Budget of the Judiciary
58. Presentation of budget estimates to the Workers Council and the
59. Estimates of revenue and expenditure for the Judiciary
Part VII – Offences and penalties
60. Offence to influence or attempt to influence Commission
61. 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 willfully 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 particular material, shall be guilty of an offence and on conviction shall be liable to a fine of not less than shillings five hundred thousand but not exceeding shillings one million or to imprisonment for a term of two years or to both.62. Construction of the term Commission
For the purposes of sections 60 and 61, the term “Commission” shall include the Commission, any member of the Commission, Secretary, any Committee 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.63. Unauthorized disclosure of information prohibited
64. Prosecution
Any prosecution in respect of any offence under this Part shall not be instituted except with the consent of the Director of Public Prosecutions.Part VIII – General provisions
65. Performance of functions under this Act
The Chief Court Administrator and the Chief Registrar shall, in the exercise of their functions under this Act, establish a system of close consultation, coordination and cooperation.65A. Protection of judicial officer
A judicial officer shall not be liable in an action or suit in respect of anything done or omitted to be done in good faith in the performance of judicial function.[section 65A inserted by section 35 of Act 6 of 2020]66. Regulations
67. Repeal and savings
Part IX – Consequential amendments
68. Construction
This Part shall be read as one with the Public Service Act hereinafter referred to as the principal Act.[Cap.298]69. Amendment of section 6
The principal Act is amended:History of this document
01 December 2023 this version
19 June 2020
01 July 2016
Amended by
Finance Act, 2016
Read this version
01 July 2015
Amended by
Budget Act
Read this version
01 March 2012
03 June 2011
Assented to
Cited documents 0
Documents citing this one 23
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Law Reform Report 2
1. | Comprehensive Review of Civil Justice System in Tanzania | |
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Journal 1
1. | The Tanzania Lawyer, Vol. 1, 2015, Number 2 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Judiciary Administration (Judiciary Flag) Regulations, 2021 | Government Notice 787 of 2021 | 26 November 2021 |
Judiciary Administration (Service Scheme), 2021 | Government Notice 10 of 2021 | 1 January 2021 |
Judiciary Administration (Internal Finance) Regulations, 2020 | Government Notice 2 of 2021 | 1 January 2021 |
Judiciary Administration (General) Regulations, 2021 | Government Notice 1 of 2021 | 1 January 2021 |
Code of Conduct and Ethics for Judicial Officers, 2020 | Government Notice 1001 of 2020 | 20 November 2020 |