Judiciary Administration Act
Judiciary Administration (General) Regulations, 2021
Government Notice 1 of 2021
- Published on 1 January 2021
- Assented to on 14 December 2020
- Commenced on 1 January 2021
- [This is the version of this document from 1 January 2021.]
Part I – Preliminary provisions
1. CitationThese Regulations may be cited as the Judiciary Administration (General) Regulations, 2021.
2. ApplicationThese Regulations shall apply to the Commission and all employees in the Service.
3. InterpretationIn these Regulations, unless the context otherwise requires:"Act" means the Judiciary Administration Act;[Cap. 237]"appellate authority" means a body, organ or a person authorized by the Act to decide upon appeals;"appointment" includes:(a)appointment on contract;(b)temporary appointment;(c)acting appointment;(d)permanent appointment; and(e)appointment on promotion."appointing authority" means a body, organ or a person empowered by the Act to make appointments of employees in the Service;"approved establishment" means the establishment of posts in the Service for which there is provision in the approved budget for their establishment;"authorized officer" means an employee who is authorized in writing either generally or specifically to act on matters of any specified kind or to perform any duty or responsibility;"Chairman" when used in relation to—(a)the Commission, means the Chairman of the Commission and includes a member selected amongst members to be a Chairman;(b)a Committee, means the Chairman of that Committee;"Chief Executive Officer" means the Chief Court Administrator of the Judiciary appointed under section 7 of the Act;"Chief Secretary" means the head of Public Service as provided for under section 4 of the Public Service Act;[Cap. 298]"child" includes a child born out of wedlock, stepchild, legally adopted child or child of a deceased near relative who is not more than eighteen years of age or a student under twenty five years old and who is wholly dependent on an employee or a child of any age who because of physical or mental infirmity is unable to earn a living;"Chief Court Administrator" means a person appointed as such under section 7 of the Act;"Code of Conduct and Ethics" means the Code of Conduct and Ethics for the Service, and includes the Professional Codes of Conduct and Ethics and the Public Service Leadership Code of Conduct and Ethics and any other codes made for similar purpose;"Commission" means the Judicial Service Commission referred to under section 13 of the Act;"Committee" means the Judicial Officers Ethics Committee, Regional Judicial Officers Ethics Committee, District Judicial Officers Ethics Committee and any other committee established under the Act;"Constitution" means the Constitution of the United Republic of Tanzania, 1977;"criminal offence" means an offence defined as such under the Penal Code or any other written laws;"dependant" means a member of the family of an employee who wholly and solely depends upon the earnings of that employee;"disciplinary authority" means any person or authority vested with powers under Part VI of these Regulations to take disciplinary measures against any employee, and includes any person to whom those powers have been delegated;"disciplinary offence" means any act, omission, misconduct or failure to take reasonable care or failure to meet set targets or to discharge duties in a reasonable care or satisfactory manner by or on the part of an employee, which warrants disciplinary proceedings under the Act, and includes:(a)breach of any of the requirements of the Code of Conduct and Ethics for Judicial Officers, the Code of Conduct and Ethics for the Judiciary Service and the Professional Code of Conducts and Ethics, in case of an employee who is a leader, the Public Leadership Code of Ethics Act; and(b)any of the offences set out in the Second Schedule to these Regulations."employee" means any person who is employed in the Service;"employer" means a person in the Judiciary Service with whom an employee entered into a contract of service and who is responsible for the payment of salaries of such employee;"employing authority" means the Commission;"executive grade" means the cadre of officers in the Service who occupy superlative substantive posts;"family" for the purpose of these Regulations, means a wife, husband, child or dependant child of an employee;"head of division or department" means an officer in-charge and heading any division or department in the Service, including any officer appointed to perform the duties and responsibilities of that officer under acting capacity;"head of unit" means an officer in-charge of, and heading any unit in the Service, including any officer appointed to perform the duties and responsibilities of that officer under acting capacity;"head of section" means an officer in-charge of, and heading a section in the Service;"interdiction" means a temporary removal of a employee from exercising the duties of his office;"judicial officer" shall have the meaning ascribed for it under the Act;"leave" shall include, annual leave, maternity leave, sick leave, leave without pay, convalescent leave, sabbatical leave, paternity leave, leave pending retirement, pay study leave, compassionate leave and special leave of absence;"medical board" means a board referred to under regulation 38;"medical practitioner" means any person professing to practice medicine, surgery or holding himself out as ready and willing to give medical or surgical treatment to patients approved by the Government;"member" means—(a)in relation to a Commission, a member of the Commission and includes the Chairman; and(b)in relation to a Committee, a member of the Committee and includes a Chairman of the Committee;"Minister" means the Minister responsible for justice;"non judicial officer" shall have the meaning ascribed for it under the Act;"officer grade" means the lowest entry grade in the Service for a holder of a degree or equivalent qualifications from a recognized University or any other higher learning institution;"operational service" means the cadre of supporting staff not employed in the executive or officer grades;"place of domicile" means a place where a employee has a fixed permanent residence;"place of engagement" means a place wherefrom an employee applied for a job;"promotion" means the appointment of an employee to a higher grade with an immediate or potential increase in salary and responsibility;"rank" means a position in the Service;"Scheme" means the Judiciary Service Scheme made under the provisions of section 5 of the Act;"Secretary" means the Secretary to the Commission referred to in section 15 of the Act;"Service" means the Judiciary Service established under section 4 of the Act;"sick period" means the period, the length of which commences from date an employee falls sick and ends on the date of his return to duty on completion of such sick period;"sick leave" means the approved absence of an employee from duty on account of illness;"spouse" means a husband or a wife of an employee and for purposes of privileges and entitlements for which an employee qualifies under these Regulations, means one spouse;"suspension" means a temporary removal of an employee from exercising duties of his office after he has been convicted of a criminal offence until such time when the disciplinary proceedings against him are concluded;"supporting staff" means a cadre other than executive grade and officer grade; and"transfer" means posting of an employee from one duty station to another or from one department, unit or section to another, and includes a transfer from the Judiciary Service to the Public Service.
Part II – Administration of the Judiciary Service
4. Chief Court Administrator
6. Administration and terms of serviceSubject to any written law, the administration of the service and the ordering of the terms and conditions of Service of employees shall be vested in the Commission.
Part III – Appointment, confirmation and promotion
7. Powers of appointing authoritiesThis Part shall apply to the appointing authorities in respect of powers to—
8. Powers of the Commission to appointment, etcSubject to the procedures prescribed in these Regulations, powers of appointments, confirmation of appointments and promotion of employees other than those specified under section 29 (1)(a)(i) and (ii) of the Act shall be vested in the Commission.
9. Notification of vacancies where appointing authority is the President
10. Notification of vacancies where appointing authority is the Commission
12. Selection of candidates
13. Date of first appointment and personal records
14. Changes in family status or permanent residenceChange of name, marital status and birth of children shall be reported by an employee to the employer who shall require the employee concerned to supply proof thereof.
15. Seniority of employees
16. Determination of age
17. Appointment of Employment Advisory Committee
18. Appointment of other committees by the Commission
19. Establishment of disciplinary committees per court level
20. Transportation and daily allowance on first appointment and privilegesAn employee shall, on first appointment, be entitled to—
21. Probationary period
22. Promotion to be based on meritPromotion of an employee shall be based on merit, performance, professional qualification, competence and possession of the required skills.
23. Promotion on trial
24. Persons not to be appointed
25. Terms of serviceThe terms and conditions of service of all employees shall be determined by the Commission.
26. Further engagement on contract
27. Salary and allowances
28. Salary entry pointSalary entry point for employees shall be the minimum of the applicable salary scale prescribed by the Commission.
29. Payment of salarySalaries shall be payable to employee’s bank account at the end of each calendar month, after deduction of any taxes or statutory levy, loan deduction, due to salary and other lawful deductions, if any.
30. Commencement of salaryAn employee shall be entitled to payment of salary, paid monthly in arrears, from the date of reporting for duty.
31. Salary scale and changes in salary
32. Salary on promotionAn employee promoted shall enter the new scale at the minimum step, unless the staff is already paid a salary higher than the minimum of the new scale, in which case, he shall retain the higher salary.
33. Loans, guarantees and advancesThe Service may guarantee employees to obtain loans from financial institutions to the extent of the salary and terminal benefit of the employee.
Part IV – Performance appraisal
34. Performance appraisal and evaluation system
35. Attendance of observersUpon performance appraisal process, the appraisee shall have right to make use of observers who are interested members within the Judiciary to witness that, the discussions are conducted fairly, openly, frankly and constructively.
36. Performance contract of the Chief Court Administrator and the Chief Registrar
37. Performance appraisal reportEvery performance appraisal report shall be duly completed and the supervisor shall make sure that, one copy remains in the appropriate confidential files and another copy is retained by the employee appraised, provided that, the supervisor shall make sure that:
Part V – Termination of appointment other than on disciplinary grounds
38. Retirement on medical groundsWhere the Chief Court Administrator is of the opinion that a employee is incapable by reason of any infirmity of mind or body of satisfactorily discharging the functions of his office or if that employee so requests he, may call upon such employee to present himself before a medical practitioner or a medical board appointed in that behalf by the Chief Medical Officer in the Region to ascertain whether or not such employee is incapable by reason of that infirmity of mind or body, to discharge the functions of his office.
39. Result of the report
40. Retirement on abolition of office or re-organization of departmentWhere the appointing authority decides to require an employee to retire from the Judiciary services in consequence of the abolition of his office or for facilitating improvements in the organization of the office to which he belongs, by which efficiency or economy may be effective, the appointing authority shall forward his recommendations to the Permanent Secretary (Establishments) who shall, after consultation with the Minister, decide whether or not such employee shall be called upon to retire.
41. Termination by age of retirement
42. Termination upon contesting constitutional leadership or elective political postThe appointment of an employee shall be terminated upon contesting for any constitutional leadership post or any elective political post provided for under the Constitution of the United Republic of Tanzania, the Political Parties Act or any other relevant laws.[Cap. 258]
43. Transport on termination
44. Scale of transport and travelling entitlement
Part VI – Discipline
45. Disciplinary authorities and powers
46. Inability to discharge duties
47. Rules of natural justiceIn dealing with matters of discipline and removal of an employee, the Commission shall ensure that an employee against whom disciplinary or removal proceedings are taken is-
49. Proceedings for termination of judicial officer
50. Proceedings after acquittal on criminal chargesAn employee acquitted of criminal offence in any court shall not be terminated or otherwise punished on any charge upon which he has been acquitted:Provided that nothing in this regulation shall prevent his being terminated or otherwise punished on any other charges arising out of his conduct in the matter.
51. Discontinuation of proceedingsWhere at any stage of disciplinary proceedings, the Judicial Officers Ethics Committee or the 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 procedure prescribed under regulation 57, as the case may be, shall be followed.
53. Determination of punishmentThe Commission shall decide on the punishment, if any, which should be inflicted on the judicial officer, or whether he should be removed from office in the public interest.
54. Retirement and removal in the public interest for an employee
55. Retirement and removal in the public interest for judicial officer
56. Preliminary investigationsWhere it is necessary to institute disciplinary proceedings against an employee, the disciplinary authority shall make preliminary investigations before instituting disciplinary proceedings in order to establish the facts of the offence which an employee is alleged to have committed.
57. Suspect may be relieved of his duties administrativelyWhere the disciplinary authority considers that, permitting the suspect to continue with his duties and functions or any particular duty or function with which he is normally charged, amounts to commission of the offence or is not in the public interest, it may immediately relieve him of his duties and functions or that particular duty or function pending the outcome of the investigation by the police or the disciplinary authority:Provided that, the disciplinary action under this regulation shall be taken administratively without resorting to interdiction and will not affect the suspect’s pay.
58. Interdiction of a non judicial officer
59. Suspension of non judicial officer convicted of a criminal offenceWhere an employee has been convicted of a criminal offence, the disciplinary authority shall suspend that employee from performing his duties and functions pending consideration of the case on disciplinary grounds under the provisions of these Regulations.
60. Loss of privileges on termination
(b) Disciplinary proceedings for judiciary officer
61. Types of disciplinary proceedingsDisciplinary proceedings under these Regulations may be either formal or summary.
62. Cases where formal proceedings are applicable
63. Cases where summary proceedings are applicable
64. Commencement of formal proceedings
65. Inquiry into disciplinary charge
66. Inquiry Committee
67. Procedure on inquiry in formal proceedings
68. Procedure on the conclusion of inquiry
69. Procedure on summary proceedings
(c) Where criminal proceedings against a non judicial officer are pending or concluded
70. Rules where disciplinary offence amounts to criminal offenceWhere a non judicial officer is alleged to have committed a disciplinary offence and the act or omission constituting such offence also constitutes a criminal offence under any written law, the following rules shall apply:
71. Rules where criminal proceedings have been commenced and concluded
72. Punishment on disciplinary offenceAny non judicial officer who commits and found guilty of a disciplinary offence under this Part, shall be awarded appropriate punishment corresponding to the offence as set out in the Part A and B of the Second Schedule to these Regulations.
73. Loss occasioned by a non judicial officer
74. WarningNothing in these Regulations shall prohibit any disciplinary authority or any authorized officer from issuing a verbal warning for unsatisfactory work or conduct to a non judicial officer subordinate to him.
75. Disciplinary proceedings for a non judicial officer in the operational serviceThe procedures in the disciplinary proceedings for the non judicial officer in the operational service shall be as laid down in the Employment and Labour Relations Act.[Cap. 366]
(d) General staff rules
76. Absence from duty without permission or leave
77. Presents and gifts
78. Providing service outside the Service
79. Neglect of duty and disobedience of lawful command or instruction
80. Use of abusive or insulting language to clientsAn employee shall not use abusive or insulting language to any client or to his fellow or employee.
81. Punishment for gross misconductA non judicial officer who contravenes any of the General Staff Rules under regulations 76, 77, 78, 79 and 80 of these Regulations which constituted gross misconduct shall be summarily terminated.
82. Official languageThe use of Kiswahili shall take precedence over any other language in correspondence, meetings and conferences and where circumstance dictate the English or other languages may be used.
83. Disclosure of information
(e) Absence from duty on account of illness
84. Absence on account of illness
85. Duty to report when sick
86. Responsibilities of departments, etc
87. Absence on sick leaveAn employee who is absent from duty on ground of ill-health shall, provided that such absence is covered by proper authority, be regarded as absent on sick leave.
88. Extension of leave due to illnessAn employee who is prevented from resuming duty at an expiration of his authorized sick leave by reason of illness duly certified by a medical practitioner may be granted an extension of such leave.
89. Aggregate sick leaveThe maximum aggregate sick leave which shall be allowed to employee who is not hospitalized shall, during any period of twelve calendar months, be forty-five calendar days.
90. Extension of sick leave
91. Sabbatical leaveAn employee may be granted special leave of absence to join and work for organizations approved by the Permanent Secretary (Establishments) or to pay visit to an institution in the Commonwealth or elsewhere for purpose of research.
Part VII – Appeals
Part VIII – Codes of Conduct and Ethics
93. Code of Conduct
94. Breach of the CodeEvery employee shall observe and comply with the Code and any breach of the Code shall constitute a misconduct under these Regulations.
95. Core values of the Service
Part IX – Retirement benefits
96. Protection of pensions and other rights to terminal benefits
97. Benefits payable to an employees engaged on permanent and pensionable termsThe benefits payable under these Regulations shall be paid to—
98. Benefits payable to employees engaged on contract termsA person who is engaged on contract shall, on termination of his service, be paid a gratuity payable either in accordance with the terms of contract he entered into or in accordance with the relevant laws applicable in relation to the contract concerned.
99. Duty to keep record and information
Part X – General administrative provisions
100. Role of the Chief Justice and the Chief Court Administrator in the Service
102. Hours of duty, extra duty allowance, etc
103. Working on non official working days
104. Signing of attendance register
105. A Judiciary badge and identity card
106. Office keys
107. Annual leave
108. Maternity leave
109. Paternity leaveA male employee shall be granted at least five days paternity leave provided that:
110. Leave without pay
111. SecondmentAn employee may be granted secondment to any organization after obtaining the approval from the Permanent Secretary (Establishments).
112. Sick or convalescent leave
113. Transport on medical treatment
114. Daily allowance for journeys on medical treatment
115. Special leave of absenceSubject to the approval of the Chief Court Administrator, an employee may be granted a leave of absence to attend urgent private matters and such leave may be deducted from his annual leave entitlement.
116. Compassionate leave
117. Attendance of sporting eventsAn employee who is selected to represent the Judiciary as a competitor or recognized team official at national and international sporting events may be granted a paid leave necessary for participation in the event.
118. Attendance to trade union activities
119. Recall from leave
120. Return from leaveAn employee who has been granted leave shall not return to duty before the end of his leave, unless has a permission from the employer.
121. Leave pending retirementAn employee shall be granted a leave of twenty eight days pending retirement, which shall be taken within six months before the date of retirement.
123. Date and duration of increment
124. Increments when reckonedWhen an employee is appointed at the beginning of a month, but the appointment can only take place from the second day of the month because of the incidence of a public holiday on the previous day, incremental scale may, for the purpose of this regulation be reckoned from the first day of the month.
125. Basis of assessing an employee for incrementsAn annual increment shall be granted to an employee where conditions have been fulfilled as prescribed in regulation 34(4).
126. Withholding of increments for unsatisfactory performance
127. Suspension of increment
(b) Allowances and entitlements
128. Daily subsistence allowance
129. Daily allowance on first appointmentAn employee on first appointment shall be paid a local daily allowance for a period not exceeding seven days for himself, his spouse and a maximum of four children in addition to that he will be paid for the nights necessarily spent while travelling from his place of engagement to his duty station.
130. Transport entitlement on first appointmentThe employing authority shall, for purposes of payment of first appointment entitlements, be guided by the address used by an employee during the recruitment.
131. Fuel allowance
132. Sitting allowanceSitting allowances shall be paid to:
133. HonorariumAn employee who makes special contribution which lead to economy or greater efficiency or enhanced reputation of the Service may be eligible for the payment of a honorarium of an amount which the Chief Court Administrator considers reasonable and justified under the circumstances.
134. Outfit allowanceAn employee who is required to travel on official duty, study tours, conferences or courses of instruction outside Tanzania shall be entitled to the payment of an outfit allowance, at the rate to be determined by the Commission, once in every two years to enable him procure the necessary outfit.
135. Housing allowanceAn employees in executive post or any other employee authorized by the Commission, shall be entitled to housing allowance as provided for in the Government Circulars issued for that purpose.
136. Furniture allowanceAll executive posts shall be entitled to furniture allowance as provided for in the Government Circulars issued for that purpose.
138. Communication assistanceThe Chief Court Administrator shall exercise his discretion to grant to any employee airtime or mobile phone allowance, as he may consider fit so to do.
139. Utility allowanceThe employer shall be responsible for the payment of utility allowances for an entitled employee.
140. Acting allowance
141. Selection of employee for acting appointment
142. Scale of travel and other privileges while on acting appointmentWhere an employee who has been authorized to act in a post becomes eligible, whilst so acting, privileges attached to that post to which he so acts or the scale or rates of which are dependent upon salary, shall be granted on the scale or at the applicable rate to the salary of that post in which he is acting.
143. Temporary filling of a vacant post
144. Workers’ Council
146. Limitation of claimsAny claim by an employee for entitlements prescribed for under these Regulations, made more than twelve months after the claim fell due, shall be treated as time-barred, unless the Permanent Secretary (Establishments) is satisfied that special circumstances precluded the submission of the claim at an earlier date.
(c) Compensation, death and burial expenses
147. Compensation for injury sustained at work
148. Death of employee or spouse abroad
149. Death of employee within TanzaniaWhere an employee dies in Tanzania while in the Service, the employer shall be responsible for:
150. Death and burial expenses
(d) Training and staff development
151. Training and staff development
152. Training CommitteeThere shall be a Training Committee which shall deal with the matters relating to utilization of training opportunities for employees within the Service.
153. Members of Training Committee
154. Functions and meetings of Training Committee
155. Tenure of Training CommitteeThe Chairman and members of the Committee, except for the branch chairman of the workers’ trade union, shall be appointed for a period of three years and be eligible for another term.
156. Types of trainingThe Service shall undertake the following training:
157. Training programmes
158. Training agreement
161. Salary while on trainingAn employee attending any formal training which is in the training programme or it is relevant to his responsibilities shall be on leave with pay for the period of his studies and his dates of increment and promotion shall not be affected.
162. Training allowance
163. Part time training
(e) Medical services and occupational health safety
164. Medical service
165. Employer’s duty to protect health of employeesThe employer shall take all reasonable precautions to ensure that safety standards are observed in order to avoid unnecessary causes of occupational health hazards.
166. Safety measuresIt shall be the responsibility of an employee to ensure that, electronics and electronic appliances, water facets or any other similar appliances are switched off and all windows and doors are properly locked when offices are vacated.
167. Fire-fighting precautions
(f) Class entitlement while travelling on duty outside the country
168. Travel class entitlement for journeys outside Tanzania
169. Use of vehicles
(h) Certificate of Service
170. Certificate of Service
(i) Handing over notes
171. Handing over report
172. Contents of a handing over report
173. Observance of section 65The Chief Court Administrator and the Chief Registrar shall, in performing their functions under these Regulations, observe the provision of section 65 of the Act.
174. Direction of the Commission in cases not covered by the RegulationsAny matter relating to the functions of the Commission other than the functions delegated or not delegated, 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.
175. Application of Standing Orders and Government circulars
History of this document
01 January 2021 this version
14 December 2020