Judiciary Administration Act
Judiciary Administration (Service Scheme), 2021
Government Notice 10 of 2021
- Published on 1 January 2021
- Commenced on 1 January 2021
- [This is the version of this document from 1 January 2021.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary provisions
1. CitationThis Scheme may be cited as the Judiciary Administration (Service Scheme), 2021.
Part II – Administration of the Service
4. Role of the Chief Justice and the Commission in the Service
5. Administrative powers of the Commission
6. Administrative powers of the Chief Court Administrator
7. Administrative and powers of the Chief RegistrarThe Chief Registrar shall, being a link between the Judiciary and the Commission on appointment, promotion and disciplinary matters save for the judges, the Registrar Court of Appeal and the Registrar of the High Court, have powers to:
9. Administrative powers of Deputy Registrar, court administrator, heads of department, etc
Part III – The Commission
10. Meeting and decision of the Commission
12. Commission may require attendance
13. Prohibition from influencing the Commission
14. Functions and powers of the CommissionThe functions and powers of the Commission shall be as provided under the provisions of the Constitution of United Republic of Tanzania and the Act.[Cap. 2]
15. DelegationThe Commission may delegate its functions subject to the provisions of section 33 of the Act.
16. Secretariat of the Commission
Part IV – The Service
17. Determination of terms and conditions of ServiceThe terms and conditions of Service for employees shall be determined by the Commission in regard to section 5(2) of the Act and the terms shall be signed by the Chief Justice and published in the Gazette.
18. Terms and conditions of Service
19. Appointments in the ServiceThe appointments in the Service shall be governed by the Act, the Public Service Act, the Judiciary Administration (General) Regulations, 2020, Service Scheme, Scheme of Service, Standing Orders for Public Service, 2009 and government circulars and directives.[Cap. 298]
20. Qualifications for appointment and promotion
21. Persons not to be appointed in the Service
22. Approved establishments
23. Responsibility of appointing authoritiesThe ultimate responsibility for appointments shall rest on the Commission.
24. Appointment principles
25. Notification of vacancies
26. Constitution and abolition of posts
27. Complaints regarding appointments or recruitments
28. Accountability of employees of the Service
29. Relationship between an employee and a supervisor
30. Working relationship with other authorities
31. Communication within and outside the ServiceEvery communication within the Service shall be in accordance with the procedures to be prescribed in the Judiciary Administration (General) Regulations, 2020, directives, instructions and orders.
Part V – Working and employment conditions
32. Working patternsThe Chief Court Administrator shall advise the Commission on changes to be made to staff employment and working hours, including options of:
33. Disclosure of information to third partyAn employee shall not disclose to any person any information which he acquires or which comes to his knowledge in the performance or purported performance of his functions in the office, except in so far as it may be necessary for the performance on those functions or for due compliance with any requirements of, or proceedings under the Act or any other written law, or with the order of a court of law.
34. Protection of property and interest
35. Gifts and other benefits
Part VI – Recruitment and promotion
36. Recruitment policyThe recruitment policy of the Service shall be to employ the most appropriate candidate available, irrespective of race, colour, marital status, tribe, religion, gender or physical disabilities to ensure that the public receives quality services.
37. Determination of a vacancyThe Chief Court Administrator shall be responsible for determining the existence of a vacancy in the Service and, before the decision to recruit is made by the Commission, the head of departments may be consulted on determination of existence of vacancies and other options which might be appropriate, such as work re-design, re-assignment of existing staff, promotion or outsourcing of services.
38. Recruitment process
39. Letter of appointment
40. Personal records
42. Medical examination
43. Probation period
44. Induction and orientationThe employer shall be responsible for providing an induction course to new employees.
Part VII – Remuneration
45. Remuneration policyThe remuneration policy of the Service shall be operated and translated in accordance with the Salary Scale Scheme of the Judiciary.
48. Salary structure
49. Salary review
50. Long working hours allowanceAn employee shall, if is required to work for more than the official working hours and the work has been approved by a sub-warrant holder, be entitled to payment of long working hours allowance as per work performed at the rate to be determined by the Commission.
51. Approval of Extra Duty Payment
52. Reimbursable expenses
53. Daily allowanceWhen performing duties outside his duty station, an employee shall be entitled to daily allowance at the rates determined by the Commission.
54. Employees welfareThe Commission may provide adequate welfare cover for employees to ensure a healthy and stable work force, and all permanent employees shall be entitled to a range of benefits as may be approved by the Commission.
55. Annual leave entitlement
56. Public holidaysAn employee shall be entitled to public and statutory holidays or non-working days and shall take them at full remuneration, except where exigency of work demands him to attend work, he shall then be paid at the applicable rate of payment provided by law.
57. Sick leaveAbsence due to illness shall be reported to the immediate supervisor as soon as possible and continuous absence for three days or more by reason of sickness shall require a medical certificate issued by a public medical practitioner.
58. Compassionate leaveCompassionate leave shall be granted at the discretion of the Chief Court Administrator or as may be prescribed under the regulations, for exceptional reasons such as bereavement of a member of family.
59. Other leavesWithout prejudice to paragraphs 57 and 58, other leaves and matters incidental thereto shall be as prescribed under the Judiciary Administration (General) Regulations, 2020.
61. Guarantee for loansIt shall be the policy of the Service to guarantee for loans borrowed by employees from financial institutions to the extent of the salary and terminal benefit of the employee.
Part VIII – Termination of appointment
62. Termination of appointment
63. Preliminary investigation and disciplinary matters
64. AppealsAppellate authorities for employees and procedures for appeals shall be as provided for in the Act.
65. Integrity of an employeeEvery employee shall serve with high standard of professionalism, wisdom and integrity.
66. ConfidentialityAn employee shall not disclose official information which has been communicated to him confidentially within the Service or received confidentially by virtue of his employment or position, unless has a permission of the Chief Court Administrator or the Chief Registrar to do so.
Part IX – Performance appraisal
67. Purpose of performance evaluation
Part X – Staff development
68. Staff training and development
Part XI – General provisions
69. Duty to keep record
70. Complaints handling mechanismIt shall be the role of the Chief Court Administrator and the Chief Registrar to establish complaints handling mechanism and to receive, solve or seek solutions for grievances at every court level.
71. Employer’s duty to protect health of employees
72. Employees’ representationThe representation of employees with the Service in negotiation or discussions with the employer in respect of matters of employment welfare in general, shall be made through the Workers’ Council.
73. Facilities to employees with HIV/AIDS
74. Judiciary flag
History of this document
01 January 2021 this version