UNITED REPUBLIC OF TANZANIA
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JUDICIARY OF TANZANIA
CODE OF CONDUCT FOR JUDICIAL OFFICERS
OF TANZANIA
Under
legal profession it also provide under Section 66 (2) (c) of the Judiciary Administration
Act, No. 4 of 2011.The
purpose of this Code is to provide guidelines for and prescribe ethical conduct
for all judicial officers in Tanzania.
The
following are the code of conducts of legal profession in Tanzania including
.
JUDICIAL INDEPENDENCE
Statement
An independent Judiciary is
indispensable to impartial justice under the law. A judicial officer must,
therefore, uphold and exemplify judicial independence in both its individual
and institutional aspects to reinforce public confidence in the Judiciary.
Rules
1. (1) A judicial officer must exercise his or her
judicial functions independently and free of extraneous influence.
(2) A judicial officer must firmly reject any
attempt to influence his or her decisions in any matter before the court outside
the proper process of the court.
(3) A judicial officer
must encourage and uphold all such arrangements and safeguards to maintain and
enhance the institutional and operational independence of the Judiciary.
INTEGRITY
Legal practiona must conduct themselves
with integrity so as to sustain and enhance public confidence in the Judiciary.
To that end, every a judicial officer should demonstrate soundness of moral
character through consistency of action, values, honesty and trustfulness.
Rules
2. (1)
A judicial officer must ensure that his or her conduct is above reproach, in
his or her public or private life and in the view of the reasonable observer.
(2) A
judicial officer’s behaviour and conduct must reaffirm the public's faith in
the integrity of the Judiciary.
(3) A
judicial officer, in addition to observing these standards personally, must
promote collegiality, encourage and support their observance by his or her
judicial colleagues.
(4) A
judicial officer or member of his or her family must not accept a gift,
bequest, favour or loan from any person for purposes of a bribe or corrupt
practice or which is calculated to influence the officer in the execution of
his or her duties:
Provided that a gift, award, loan or other benefit
which cannot reasonably be
perceived as a bribe or corrupt practice or one
accompanied by intention to influence
the judicial officer in the performance of his
duties shall be excluded.
(5) A
judicial officer shall not be regarded to have solicited or received a bribe if a
gift, an award or a benefit comes from immediate family members or from public
leaders elsewhere;
(6) For
the avoidance of doubt and subject to the law and to any legal requirements of
public disclosure, a judicial officer may receive a token gift, award or
benefit as appropriate to the occasion on which it is made provided that such
gift, award or benefit might not reasonably be perceived as intended to
influence the judicial officer in the performance of judicial duties or
otherwise give rise to an appearance of partiality.
(7) A judicial officer must not give legal or
investment advice, except to members of his or her immediate family and for no
fee.
(8) A
judicial officer must not issue any statement, criticism or argument against
the Judiciary.
PROPRIETY
Statement
A judicial
officer must
avoid impropriety and the appearance of impropriety in all his or her public
and private activities.
Rules
3. (1)
A judicial officer shall devote his or her professional activity to judicial
duties which include not only performance of judicial functions and
responsibilities in court and the making of decisions, but other tasks relevant
to the judicial office or the court’s operation.
(2) A
judicial officer shall not release or say anything regarding a decision of the court
before it is published. A judicial officer should not discuss details of
individual cases outside court.
(3) A
judicial officer should not release information about the judicial officer’s
discussions with colleague when making their decisions.
(4) A
judicial officer being a subject of constant public scrutiny must accept
personal restrictions that might be viewed as burdensome by the ordinary
citizen and should do so freely and willingly. In particular, a judicial
officer shall conduct himself or herself in a way that is consistent with the
dignity of the judicial office.
(5) A
judicial officer shall not practise law while holding a judicial office.
(6) A
judicial officer may form or join associations of judicial officers or
participate in other organisations representing the interest of the judicial
officer concerned.
(7) A
judicial officer may, subject to the proper performance of judicial duties:
(a) write,
lecture, teach and participate in activities concerning the law, the legal
system, the administration of justice or related matters;
(b) appear
at a public hearing before an official body concerned with matters relating to
the law, the legal system, the administration of justice or related matters;
(c) serve
as a member of an official body, or other government commission, committee or
advisory body, if such membership is not inconsistent with the perceived
impartiality and political neutrality of a judicial officer; or
(d) engage
in other activities if such activities do not detract from the dignity of the
judicial office or otherwise interfere with the performance of judicial duties.
COMPETENCE AND DILIGENCE
Statement
A judicial officer must engage in
training and preparation so as to be competent in performing his or her duties.
He or she must be diligent in the performance of their judicial duties.
Rules
4. (1) A judicial officer shall take reasonable
steps to maintain and enhance his knowledge, skills and personal qualities
necessary for the proper performance of judicial duties.
(2) A
judicial officer shall keep himself or herself informed about relevant
developments of the law, amendments and new precedents.
(3) A
judicial officer shall perform all judicial duties, including the delivery of
reserved decisions, efficiently, fairly and with reasonable promptness.
(4) A
judicial officer should conduct court hearings at scheduled and published times
and should observe punctuality.
(5) A
judicial officer should give decisions within the prescribed or reasonable time
with full reasons identifying the relevant law(s) and the evidence relied upon.
(6) A
judicial officer shall maintain order and decorum in all proceedings before the
court and be patient, dignified and courteous in relation to litigants,
assessors, witnesses, lawyers and others with whom the judicial officer deals
in an official capacity. The judicial officer shall require similar conduct
from legal representatives, court staff and others subject to his or her
influence, direction or control.
(7) A
judicial officer shall not engage in conduct incompatible with the diligent
discharge of judicial duties.
EQUALITY
Statement
A
judicial officer should ensure that every one is treated with respect and
courtesy and with equality according to the law.
Rules
5. (1)
A judicial officer should ensure that every proceeding is conducted fairly.
(2)
A judicial officer must strive to be
aware of and understand differences arising from gender, race, religion,
culture, ethnic background, disability or health condition and must not
discriminate on these or any other ground.
(3)
A judicial officer must not be a member of
any organization that practises any form of discrimination that contravenes the
law, or that brings disrepute to the Judiciary.
(4)
A judicial officer must, in the course
of proceedings before him or her, disassociate himself or herself from and
disapprove of any clearly irrelevant comments or conduct by court staff, legal
practitioners or anyone subject to the judicial officer’s direction which are
sexist, racist or otherwise demonstrate discrimination on grounds prohibited by
law, or frowned upon in a judicial atmosphere.
IMPARTIALITY
Statement
Impartiality in
both the decision and the decision making process is essential to the proper
discharge of judicial duties.
Rules
A.
General :-
6. (1)
A judicial officer must ensure that his or her conduct, both in and out of court,
maintains and enhances confidence in the impartiality of the Judiciary.
(2) A
judicial officer must conduct his or her personal and private affairs in such a
manner as to minimise the occasions on which it will be necessary to be disqualified
or to recuse himself or herself from hearing cases.
B.
Civic
and Charitable Activity:-
(1) A judicial officer
is free to participate in civic and charitable activities subject to the
following considerations:
(a) must avoid any activity or association that
could reflect adversely on his or her impartiality or interfere with the
performance of judicial duties;
(b) must
not solicit funds or lend prestige of judicial office to such solicitations except
for appropriate purposes; and
(c) must not be involved in causes or
organizations that are to his or her knowledge likely to be engaged in
litigation.
(2) A
judicial officer may, subject to the provisions of this Code, engage in writing
and participate in activities concerning the law, the legal system, the
administration of justice and related matters.
(3) A judicial officer may, subject to the
provisions of this Code, speak publicly
on non-legal subjects and engage in historical, educational, cultural, sporting
or like recreational activities, if such activities do not detract from the
dignity of the judicial office or otherwise interfere with the performance of
judicial duties.
(4) A
judicial officer must not be a member of groups or organizations or participate
in public discussions which, in the mind of a reasonable, fair minded and
informed person, would undermine confidence in the judicial officer’s
impartiality with respect to issues that could come before the courts.
C. Political Activity:-
(1) A
judicial officer must cease all partisan political activities upon appointment
and refrain from conduct that, in the mind of a reasonable, fair minded and
informed person, could give rise to the appearance that the judicial officer is
engaged in political activity.
(2) A
judicial officer must refrain from:
(a) membership
in political parties and political fund raising;
(b) attendance
at political gatherings and political fund raising events;
(c) contributing
to political parties or campaigns;
(d) taking
part publicly in controversial political discussions except in respect of matters
directly affecting the operation of the courts, the independence of the Judiciary
or fundamental aspects of the administration of justice; or
(e) signing
petitions to influence a political decision.
(3) Although members of a judicial officer’s
family have every right to be politically active, a judicial officer must
recognize that such activities of immediate family members may, even if
erroneously, affect the public perception of a judicial officer’s impartiality.
A judicial officer may not sit in any case before the court in which there
could reasonably be such a perception.
D.
Conflict
of Interest
(1) A
judicial officer must disqualify himself or herself in any case in which that judicial officer:
(a) believes
he or she will be unable to adjudicate impartially;
(b) believes
that a reasonable, fair minded and informed person, would have a reasonable suspicion
of conflict between a judicial officer’s personal interest or that of a judicial
officer’s immediate family and his or
her judicial functions;
(c) has
a personal bias or prejudice concerning a party or personal knowledge or facts;
(d) served
as a lawyer in a matter in controversy or a lawyer with whom he previously
practised law served during such association as a lawyer concerning the matter
or the judicial officer or such lawyer has been a material witness in the
matter;
(2) Disqualification
is not appropriate if:
(a)
the matter giving rise to the perception of a possibility of conflict is
trifling or would
not
support a plausible argument in favour of disqualification; or
(b)
no other judicial officer can deal with the case or because of urgent
circumstances, failure to act could lead to a miscarriage of justice;
(c)
upon disclosure of the ground(s) of intended recusal by the judicial officer, the parties agree that the judicial officer
may participate in the proceedings. The consent by the parties or their
representatives shall be recorded and shall form part of the record of
proceedings.
E.
Judicial
Demeanour
A
judicial officer must, while acting decisively, maintain firm control of the
process and ensure expedition and treat everyone before the court with
appropriate courtesy.
ENFORCEMENT
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Act. No. 4 of 2011
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7. The
Code shall be enforced by the Judicial Service Commission and the Committees
established under the Judiciary Administration Act.
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DEFINITIONS
8. In
this Code, unless the context requires otherwise-
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Act No. 4 of 2011.
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“Code” means
the Code of Judicial Conduct prescribed under section 66 (2) (c) of the
Judiciary Administration Act;
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“immediate family member” shall
include a spouse, child, grandchild, parent, grand parent, great grandparent,
sibling, uncle, aunt, niece, nephew, cousin , in laws or any person living in
the same household as a family member of the judicial officer;
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Act No. 4 of 2011.
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“judicial officer” has the meaning
ascribed to it under section 3 of the Judiciary Administration Act.
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