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Judicial Service (General, Termination of Service and Disciplinary) Regulations, 1965

Government Notice 175 of 1965

Judicial Service (General, Termination of Service and Disciplinary) Regulations, 1965
Citation
Government Notice 175 of 1965
Primary work
Judicial Service Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Judicial Service Act

Judicial Service (General, Termination of Service and Disciplinary) Regulations, 1965

Government Notice 175 of 1965

  • Published in Tanzania Government Gazette
  • Commenced
  • [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.]
[Section 21; G.N.s Nos. 175 of 1965; 113 of 1980; 660 of 1998]

Part I – Preliminary provisions (regs 1-2)

1. Citation

These Regulations may be cited as the Judicial Service (General, Termination of Service and Disciplinary) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"chairman" means the Chairman of the Commission;"judicial officer" does not include a primary court magistrate;"Judge in charge" means Judge in charge of a High Court Zone;"Justice of Appeal" means a Justice of Appeal specifically appointed by the Chief Justice to deal with disciplinary proceedings concerning Judicial Officers at the Headquarters of Judiciary Department;"Registrar" means the Registrar of the Court of Appeal of Tanzania.

Part II – Procedural provisions (regs 3-8)

3. Meetings of commission

(1)Every meeting of the Commission shall be presided over by the Chairman.
(2)The quorum at any meeting shall be Chairman and two other members.

4. Minutes

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

5. Decisions may be made by circulation of papers

Decisions may be made by the Commission without a meeting by the circulation of the relevant papers among the members and the expression of their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject matter is considered at a meeting of the Commission.

6. Voting

(1)All decisions of the Commission, whether arrived at at a meeting or by means of the circulation of papers, shall be by a majority of votes of the members present and voting, or by a majority of members expressing their views on the circulated papers, as the case may be.
(2)Any member who dissents from a decision of the Commission shall be entitled to have his dissent and his reasons therefor set out in the records of the Commission.

7. Commission may require attendance

The Commission may require any judge, judicial officer or public servant to attend and give information before it concerning any matter which it is required to consider in exercise of its functions and may require the production of any official documents relating to any such matter by any person attending before it.

8. Addressing of correspondence

All correspondence for the Commission shall be addressed to the Chairman.

Part III – Termination of appointments (otherwise than by disciplinary proceedings or in the public interest) (regs 9-12)

9. Probationary appointments

The Judge in charge or Justice of appeal may, at any time, recommend to the Commission that a probationary appointment be terminated:Provided that he shall not make any such recommendation unless he has first informed the probationer of his intention and of the right of the probationer to make representations thereon within a period to be specified in such letter, and required the probationer to acknowledge receipt of such letter in writing within that period. The Judge in charge or Justice of Appeal shall attach copies of all such correspondence to his recommendation.

10. Non-pensionable officers

The power to terminate (otherwise than by dismissal), in accordance with the provisions of a contract, the appointment of a judicial officer serving under that contract is hereby delegated to the Registrar, subject to confirmation by the Commission.

11. Compulsory retirement

(1)If it appears to the Registrar that there is reason why a judicial officer who has attained the prescribed age and who holds a pensionable office should be called upon to retire from the public service otherwise than on medical grounds, he shall advise the officer that his compulsory retirement is under consideration and ask if he wishes to make any representations in writing of a personal nature on such a step. The Registrar shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether such officer should be called upon to retire.
(2)In this regulation "the prescribed age" means the age at which the officer concerned may be required to retire under subsection (1) of section 10 of the Public Service Pensions Act1.1Cap. 371

12. Termination for infirmity

(1)Where it appears to the Registrar that a judicial officer is incapable by reason of any infirmity of mind or body of discharging the functions of his office he may (and shall if the officer so requests) call upon such officer to present himself to a medical practitioner approved by the Registrar or to a medical board appointed in that behalf by the Registrar, with a view to it being ascertained whether or not such officer is incapable as aforesaid.
(2)After the officer has been examined, the medical practitioner or the medical board, as the case may be, shall make a report and forward the same to the Registrar who shall forward the report, together with any representations which the officer desires to make and his own recommendation, to the Commission. Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the Registrar accordingly, it shall decide forthwith whether the officer should be called upon to retire upon the grounds of ill health.

Part IV – Disciplinary proceedings against judicial officers (regs 13-21)

13. Interdiction

(1)If in any case the Principal Judge or Judge in charge considers that the public interest requires that a judicial officer should cease forthwith to exercise the powers and functions of his office, he may interdict the officer from the exercise of those powers and functions, provided that proceedings for his dismissal are being taken or about to be taken or that criminal proceedings are being instituted against him:Provided further that the Registrar of the Court of Appeal of Tanzania, the Registrar of the High Court of Tanzania, the Deputy, District Registrar or Directors shall not be interdicted without the consent of the Chief Justice.
(2)An officer who is interdicted shall receive such salary, not being less than half his salary, as the Principal Judge or Judge in charge shall think fit.
(3)Where disciplinary or criminal proceedings have been taken or instituted against an officer under interdiction and such officer is not dismissed or otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) of this regulation shall be restored to him upon the termination of such proceedings. If any punishment other than dismissal is inflicted, the officer may be refunded such proportion of the salary withheld as a result of his interdiction as the Commission shall think fit.
(4)An officer who is under interdiction may not leave his station without the permission of the Principal Judge or Judge in charge.
(5)In this regulation "salary" means basic salary and, where applicable, inducement and overseas allowance.

14. Suspension

(1)Where a judicial officer has been convicted of a criminal offence, the Chief Justice may suspend him from the exercise of his office pending consideration of his case under the provisions of these Regulations.
(2)While an officer is suspended from the exercise of his office under the provisions of paragraph (1) he shall not be entitled to any salary:Provided that the Chief Justice may, if he thinks fit, direct that any suspended officer shall be granted an alimentary allowance in such amount and on such terms as the Chief Justice may determine.

15. Pending criminal proceedings

If criminal proceedings are instituted against a judicial officer in court, no proceedings for the dismissal of such officer upon any grounds involved in the criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal therefrom:Provided that nothing in this regulation shall be construed as prohibiting or restricting the power of the Chief Justice to interdict such officer.

16. Disciplinary action after acquittal

Notwithstanding the acquittal of a judicial officer in a criminal charge in any court the disciplinary proceedings may be instituted against such judicial officer where the standard of proof or ingredients of the offence charged in the criminal case differs from the disciplinary charge.

17. Loss of privileges on dismissal

Subject to the provisions of any law for the time being in force, a judicial officer who is dismissed shall forfeit all rights or claims with regard to leave or passages at the public expense.

18. Officers to be informed

Where proceedings have been taken against a judicial officer under this Part, such officer shall be informed—
(a)of the decision, but not of the reasons therefor, on each charge preferred against him; and
(b)of the punishment (if any) to be imposed.

19. Proceedings for dismissal

(1)Where the Justice of Appeal or Judge in charge considers it necessary to institute disciplinary proceedings against a judicial officer on the grounds of misconduct which, if proved, would, in his opinion, justify his dismissal from the public service, he shall, after such preliminary investigation as he considers necessary, forward to the officer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and shall call on the accused officer to state in writing, before a day to be specified, any grounds on which he relies to exculpate himself.
(2)If the officer does not furnish a reply to any charge forwarded under paragraph (1) within the period specified, or if in the opinion of the Justice of Appeal or Judge in charge he fails to exculpate himself, the Justice of Appeal or Judge in charge shall appoint an investigating officer or a committee of not more than three investigating officers (hereinafter in either case referred to as the investigator) to inquire into the matter. A single investigating officer or the chairman of a committee shall be a judge, magistrate or a public servant with legal qualifications, and he and every member of a committee shall be selected with due regard to the standing of the officer concerned.
(3)The investigator shall inform the accused officer that on a specified day the charges made against him will be investigated and that he will be allowed or, if the investigator so determines, will be required to appear before him to defend himself.
(4)If witnesses are examined by the investigator, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.
(5)The investigator may permit the Justice of Appeal or Judge in charge or the accused officer to be represented by a public officer or an advocate and may at any time, subject to such adjournment as in the circumstances may be required, withdraw such permission:Provided that where the investigator permits the Justice of Appeal or Judge in charge to be so represented he shall permit the accused officer to be represented in a similar manner.
(6)If during the course of the inquiry, grounds for the framing of additional charges are disclosed, the Justice of Appeal or Judge in charge may follow the same procedure as was adopted in framing the original charges.
(7)The investigator having inquired into the matter shall forward his report thereon to the Commission together with the record of the charges framed, the evidence led, the defence and other proceedings relevant to the inquiry. The report of the investigator shall include—
(a)a statement whether in the investigator's opinion the charge or charges against the accused officer have been proved and a brief statement of the reasons for that opinion;
(b)details of any matters which in the investigator's opinion aggravate or alleviate the gravity of the case; and
(c)a summing up and such general comments as will indicate clearly the opinion of the investigator on the matter under inquiry.
The investigator shall not make any recommendation regarding the form of punishment.
(8)The Commission, after consideration of the report of the investigator, shall, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the investigator for further investigation and report.
(9)The Commission shall decide on the punishment, if any, which should be inflicted on the accused officer, or whether he should be removed from office in the public interest.

20. Proceedings by the Commission

(1)Whenever the Justice of Appeal or Judge in charge after preliminary investigation considers it necessary to institute disciplinary proceedings against a lesser judicial officer but is of opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal—
(a)he shall forward to the officer a statement of the charge or charges against him and shall call on the accused officer to state in writing before a day to be specified any grounds on which he relies to exculpate himself;
(b)if the officer does not furnish a reply within the period specified or does not, in the opinion of the Justice of Appeal or Judge in charge exculpate himself, the Justice of Appeal or Judge in charge shall forward to the Commission copies of reports on the case, the charges, the officer's reply, if any, together with his own comments;
(c)if, on consideration of the report, including the grounds, if any, upon which the officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the penalty, if any (other than dismissal), which should be inflicted on the officer:Provided that where the officer requests that the charge or charges be formally investigated under this regulation, the Commission shall not determine the matter under this subparagraph, but shall deal with it under subparagraph (d);
(d)if the Commission, on consideration of the report submitted to it by the Justice of Appeal or Judge in charge, is of the opinion that the matter should be further investigated, or if the officer so requests, it shall direct the Justice of Appeal or Judge in charge as to the manner in which the allegations against the officer should be investigated;
(e)in any investigation under this regulation an officer shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence;
(f)the results of such investigation shall be communicated to the Commission in such manner as may be ordered by the person conducting such investigation;
(g)the Commission shall, if it considers that the results of the investigation should be amplified in any way or that further investigation is desirable, refer the matter back to the person conducting such investigation for further inquiry and report;
(h)the Commission shall decide on the punishment, if any (other than dismissal), which should be inflicted on the officer, or whether he should be removed from office in the public interest.
(2)Notwithstanding the provisions of this regulation, if at any stage during proceedings taken under it prior to final submission to the Commission—
(a)it appears to the Justice of Appeal or Judge in charge that the offence, if proved, would justify dismissal; or
(b)the Justice of Appeal or Judge in charge considers that proceedings for the removal from office of the officer on the grounds of public interest would be more appropriate, such proceedings shall be discontinued and the procedure in regulations 19 or 22, as the case may be, shall be followed.
(3)When a reference is made to the Commission under paragraph (1) of this regulation, it may, if it considers that proceedings should be instituted under regulation 19, give directions accordingly and thereupon the proceedings under this regulation shall be discontinued.

21. Powers of Chief Justice and other superior officers

(1)The functions of exercising disciplinary control in the cases appropriate to the punishment and awards referred to in this regulation and of inflicting such punishments and awards are hereby delegated to the Chief Justice in respect of judicial officers, that is to say—
(a)to stop, withhold or defer an officer's normal increment for a period not exceeding one year on the grounds of unsatisfactory service:Provided that if the stoppage or deferment is recommended to be continued beyond one year the matter shall be referred to the Commission for its decision;
(b)in accordance with the procedure laid down in instructions issued by the Permanent Secretary to the Treasury, to order the recovery of the cost or part of the cost of any loss or damage caused by any default or negligence.
(2)Nothing in these Regulations shall be construed as precluding any judge from issuing a reprimand for or warning of unsatisfactory work or conduct to any judicial officer or any judicial officer from issuing such a reprimand or warning to any judicial officer directly subordinate to him.

Part V – Removal in public interest (reg 22)

22. Removal in the public interest

(1)Where the Commission is of the opinion that there are grounds upon which a judicial officer should be removed from office in the public interest, it shall notify the officer concerned in writing of the grounds on which his removal is contemplated and invite him to show cause in writing why he should not be so removed, and shall afford him an opportunity of showing cause.
(2)Where proceedings are taken or are about to be taken under this regulation, the Chief Justice may interdict the officer from the exercise of the powers and functions of his office:Provided that an officer who is interdicted under this paragraph shall not suffer any reduction in salary.
(3)An officer who is under interdiction may not leave his station without the permission of the Chief Justice.

Part VI – Miscellaneous provisions (regs 23-25)

23. Punishments

(1)The following punishments may be inflicted upon an officer as a result of proceedings under these Regulations—
(a)dismissal;
(b)reduction in rank or seniority;
(c)reduction in salary;
(d)stoppage of increment;
(e)withholding of increment;
(f)deferment of increment;
(g)fine of an amount not exceeding one quarter of a month's pay;
(h)reprimand; and
(i)the recovery of the cost or part of the cost of any loss or damage caused by default or negligence.
(2)Nothing in this regulation shall limit the powers to remove an officer on the grounds of public interest.

24. Cases not covered by regulations

Any matter relating to the functions of the Commission other than the functions delegated to the Commission under the Judicial Service (Appointments and Other Presidential Functions) Regulations, which are not covered by these Regulations shall be dealt with in accordance with such instructions as the Commission may from time to time give.

25. Replacement21

2G.N. No. 665 of 1964 replaces G.N. No. 239 of 1961 in so far as the latter makes provision for the exercise of powers conferred on the President by the Constitution of the United Republic (Cap. 2) and the Judicial Service Act (Cap. 237).These Regulations replace the Judicial Service Commission Regulations3, save in so far as the latter make provision for the exercise of powers conferred on the President in relation to judicial offices and officers.3G.N. No. 239 of 1961
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History of this document

31 July 2002 this version
Consolidation

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