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Judicial Service (Special Commission) (General, Termination of Service and Disciplinary) Regulations, 1966

Government Notice 57 of 1986

Judicial Service (Special Commission) (General, Termination of Service and Disciplinary) Regulations, 1966
Citation
Government Notice 57 of 1986
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 (Special Commission) (General, Termination of Service and Disciplinary) Regulations, 1966

Government Notice 57 of 1986

  • 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. 57 of 1986; 661 of 1998]

Part I – Preliminary provisions (regs 1-2)

1. Citation

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

2. Interpretation

In these Regulations, unless the context otherwise requires—"Board" means a District of a Regional Judicial Board established under Part IVA of the Judicial Service Act;"Chairman" means the Chairman of the Commission;"Judge in charge" means Judge in charge of a High Court zone;"magistrate" means a primary court magistrate;"Registrar" means the Registrar, Court of Appeal of Tanzania.

Part II – Procedural (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 the 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 shall be 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 or a Board may require any judge, judicial officer, public servant or member of a Board 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 Secretary.

Part III – Termination of appointments (otherwise than by disciplinary proceedings or in the public interest) (regs 9-11)

9. Probationary appointments

The Registrar may, at any time, recommend to the Commission that a probationary appointment be terminated and the Commission shall decide whether such probationary appointment shall 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 require the probationer to acknowledge receipt of such letter in writing within that period. The Registrar shall attach copies of all such correspondence to his recommendation.

10. Compulsory retirement

(1)If it appears to the Registrar that there is reason why a magistrate who has attained the prescribed age and who holds a pensionable office should be called upon to retire from the judicial service otherwise than on medical grounds, he shall advise the magistrate 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 magistrate should be called upon to retire.
(2)In this regulation "the prescribed age" means the age at which the magistrate concerned may be required to retire under subsection (1) of section 10 of the Public Service Pensions Act1.1Cap. 371

11. Termination for infirmity

(1)Where it appears to the Registrar that a magistrate is incapable by reason of any infirmity of mind or body of discharging the functions of his office he may (and shall if the magistrate so requests) call upon such magistrate 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 magistrate is incapable as aforesaid.
(2)After the magistrate 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 magistrate 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 magistrate should be called upon to retire upon the grounds of ill health.

Part IV – Disciplinary proceedings against magistrates (regs 12-21)

12. Interdiction

(1)The Chief Justice, Principal Judge, Judge in charge or the board shall consider whether the public interest requires that a magistrate should cease forth with to exercise the powers and functions of his office and, may interdict the magistrate from the exercise of those powers and functions, provided that criminal proceedings are being instituted against the Magistrate or disciplinary proceedings are being taken or are about to be taken against that magistrate.
(2)A magistrate who is interdicted shall receive such salary, not being less than half his salary, as the Chief Justice shall think fit.
(3)Where disciplinary or criminal proceedings have been taken or instituted against a magistrate under interdiction and such magistrate 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 magistrate may be refunded such proportion of the salary withheld as a result of his interdiction as the Commission shall think fit.
(4)A magistrate who is under interdiction may not leave his station without the permission of the Chief Justice.
(5)In this regulation "salary" means basic salary and, where applicable, inducement and overseas allowance.

13. Suspension

(1)Where a magistrate has been convicted of a criminal offence, the Chief Justice, Principal Judge, Judge in charge or the Board may suspend the magistrate from the exercise of his office pending consideration of his case by the Commission.
(2)While a magistrate 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 magistrate shall be granted an alimentary allowance in such amount and on such terms as the Chief Justice may determine.

14. Pending criminal proceedings

If criminal proceedings are instituted against a magistrate in any court, no proceedings for the dismissal of such magistrate 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 Commission to interdict such officer.

15. Disciplinary action after acquittal

Notwithstanding the acquittal of a magistrate on a criminal charge in any court, disciplinary proceedings may be instituted against such magistrate where the standard of proof or ingredients of the offence charged in the criminal case are different from the disciplinary charge.

16. Loss of privileges on dismissal

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

17. Magistrates to be informed

Where proceedings have been taken against a magistrate under this Part, such magistrate 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.

18. Institution of disciplinary proceedings

(1)Complaints in respect of the judicial conduct of a magistrate shall be referred to the Judge in charge or Registrar and, if upon receipt of such complaints, the Judge in charge or Registrar is of the opinion that disciplinary proceedings should be instituted the Judge in charge or Registrar shall initiate proceedings under either Regulation 20 or Regulation 21 whichever he considers appropriate.
(2)Complaints in respect of the extra judicial conduct of magistrate shall be referred to the Board and when such complaint is received by the Board, the Board shall make immediate inquiry into the complaint and make its decision.

19. Proceedings for dismissal

(1)When in respect of a complaint referred to him the Judge in charge or Registrar considers it necessary to institute disciplinary proceedings against a magistrate on the grounds of misconduct which, if proved, would, in his opinion, justify his dismissal from the judicial service, he shall, after such preliminary investigation as he considers necessary, forward to the magistrate 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 magistrate to state in writing before a day to be specified any grounds on which he relies to exculpate himself.
(2)If the magistrate does not furnish a reply to any charge forwarded under paragraph (1) within the period specified, or if in the opinion of the Judge in charge or Registrar he fails to exculpate himself, the Judge in charge or Registrar 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, judicial officer or a public servant with legal qualifications.
(3)The investigator shall inform the accused magistrate 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 magistrate 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 Judge in charge or Registrar or the accused magistrate 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 Judge in charge or Registrar to be so represented he shall permit the accused magistrate to be represented in a similar manner.
(6)If during the course of this inquiry, grounds for the framing of additional charges are disclosed, the Judge in charge or Registrar 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 magistrate have been proved and a brief statement of the reasons for that opinion;
(b)details of any matter 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)Notwithstanding the provisions of subparagraph (2) of this regulation the Judge in charge or Registrar may, in lieu of appointing an investigating officer or a committee of investigating officers, refer the complaint to the Board which shall make the same inquiry into the matter as is required of an investigator save that the Board shall be entitled to make a decision or complaint within the scope of the powers conferred on the Board by law.
(9)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 or the Board for further investigation and report.
(10)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 involving lesser punishment

(1)Whenever in respect of a complaint referred to him the Judge in charge or Registrar after preliminary investigation considers it necessary to institute disciplinary proceedings against a magistrate but is of opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal—
(a)he shall forward to the magistrate a statement of the charge or charges against him and shall call on the accused magistrate to state in writing before a day to be specified any grounds on which he relies to exculpate himself;
(b)if the magistrate does not furnish a reply within the period specified or does not, in the opinion of the Judge in charge or Registrar exculpate himself, the Judge in charge or Registrar shall forward to the Commission copies of reports on the case, the charges, the magistrate's reply, if any, together with his own comments;
(c)if, on consideration of the report, including the grounds, if any, upon which the magistrate relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any (other than dismissal), which should be inflicted on the magistrate;
(d)if the Commission, on consideration of the report submitted to it by the Judge in charge or Registrar, is of the opinion that the matter should be further investigated, or if the magistrate so requests, it shall direct the Judge in charge or Registrar as to the manner in which the allegations against the magistrate should be investigated;
(e)in any investigation under this regulation a magistrate 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 of 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 Judge in charge or Registrar that the offence, if proved, would justify dismissal; or
(b)the Judge in charge or Registrar considers that proceedings for the removal from office of the magistrate on the grounds of public interest would be more appropriate, such proceedings shall be discontinued and the procedure in regulations 20 or 24, 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 20, give directions accordingly and thereupon the proceedings under this regulation shall be discontinued.

21. Powers of Registrar 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 Registrar in respect of magistrates, that is to say—
(a)to stop, withhold or defer a magistrate'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 magistrate or any judicial officer from issuing such a reprimand or warning to any magistrate 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 magistrate should be removed from office in the public interest, it shall notify the magistrate 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 Commission may interdict the magistrate from the exercise of the powers and functions of his office:Provided that a magistrate who is interdicted under this paragraph shall not suffer any reduction in salary.
(3)A magistrate who is under interdiction may not leave his station without the permission of the Chief Justice.
(4)The Commission shall consider the submission, if any, of the magistrate, and, if the Commission remains of the opinion that the magistrate should be removed from office in the public interest, may remove the magistrate from office.

Part VI – Miscellaneous provisions (regs 23-24)

23. Punishments

(1)The following punishments may be inflicted upon a magistrate 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 a magistrate 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) Regulations2, 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.2G.N. No. 665 of 1964
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History of this document

31 July 2002 this version
Consolidation

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