CHAPTER 237
JUDICIAL SERVICE ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The Judicial Service (Appointments and Other Presidential Functions) Regulations

        The Judicial Service (Regional Boards Establishment) Regulations

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

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

        The Judicial Service (Delegation of Powers) Regulations (G.N. No. 510 of 1991)

        The Judicial Service (Delegation of Powers) Regulations (G.N. No. 511 of 1991)

REGULATIONS

THE JUDICIAL SERVICE (APPOINTMENTS AND OTHER PRESIDENTIAL FUNCTIONS) REGULATIONS

(Sections 17 and 24)

G.Ns. Nos.
665 of 1964
286 of 1970
319 of 1970
6 of 1999

1.    Citation

    These Regulations may be cited as the Judicial Service (Appointments and Other Presidential Functions) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "appointing authority" means the person or Commission to whom the relevant power of appointment or promotion is delegated by these Regulations and, in relation to the offices of associate judge and registrar, includes the President;

    "citizen" means a citizen of the United Republic;

    "Commission" means the Judicial Service Commission or the Special Commission, and "the appropriate Commission" means, in relation to primary court magistrates, the Special Commission and, in relation to other judicial officers, the Judicial Service Commission;

    "Minister" means the Minister for the time being responsible for legal affairs;

    "Permanent Secretary" means the Permanent Secretary of the Establishment Division;

    "public service" means the judicial service, the public service and the Police force;

    "Regional Judicial Board" means a board constituted under section 23(2).

3.    Delegation of powers of constituting and abolishing offices

    (1) The powers vested in the President of constituting the offices of deputy, assistant or district registrar or of any description of magistrate, and of abolishing any such office, are hereby delegated to the Chief Justice.

    (2) The salary attached to any office constituted under the powers hereby delegated shall be determined by the Permanent Secretary.

4.    Delegation of powers of appointment, etc., and of consent

    (1) The powers vested in the President–

    (a)    to make and confirm appointments (including appointments on promotion) to any judicial office, other than the office of associate judge, registrar, or primary court magistrate, are hereby delegated to the Judicial Service Commission and, in respect of acting appointments to any such office, to the Chief Justice;

    (b)    to make and confirm first appointments to the office of primary court magistrate, are hereby delegated to the Judicial Service (Special) Commission;

    (c)    to promote a primary court magistrate to any other grade of that office, are hereby delegated to the Special Commission.

    (2) The powers vested in the President to permit any judicial officer to pass a proficiency bar or to hold any judicial office at proficiency bar are hereby delegated to the appropriate Commission.

    (3) The powers vested in the President to consent to, and to withhold his consent from, the termination of an appointment and the removal of a primary court magistrate, are hereby delegated to the Judicial Service (Special) Commission.

5.    Notification of vacancies other than offices of primary court magistrates

    (1) Where a vacancy occurs or it is known that a vacancy will occur in a judicial office other than the office of primary court magistrate, the Chief Justice shall cause the appointing authority to be informed thereof and of his opinion whether–

    (a)    the vacancy should be filled by the promotion or transfer of a judicial officer;

    (b)    it is likely that a suitable candidate will be found elsewhere in the public service; and

    (c)    it is likely that a suitable candidate will be found by advertisement in the United Republic or elsewhere.

    (2) Where the Chief Justice recommends the promotion or transfer of a judicial officer he shall furnish to the appointing authority the record of service of the officer recommended together with the names of any officers in the judicial service who would be superseded and his reasons for recommending their supersession.

    (3) Where the Chief Justice is unable to recommend the promotion or transfer of a judicial officer to fill the vacancy, he shall report to the appointing authority the names of the officers serving in the cadre or grade from which promotion would normally be made together with his reasons for not recommending those officers for promotion.

6.    Advertisement of offices other than offices of primary court magistrate

    (1) Subject to the provisions paragraph (2) and to any directions of the President, applications for appointment to vacant offices to which regulation 5 refers and which are pensionable will be invited by public advertisement in the United Republic in such manner as may be determined by the appointing authority.

    (2) A vacant office will not be advertised where the appointing authority is satisfied that the office should be filled by the promotion, transfer or re-engagement of a judicial officer or the continued employment of a judicial officer on temporary terms.

7.    Registrar to provide Special Commission with particulars, etc., of applicants for appointment as primary court magistrates

    (1) The Registrar may, from time to time, and shall, when so directed by the Commission, give notice throughout the country, and in such manner as may be directed by the Special Commission, inviting applications from persons who wish to be considered for appointment as primary court magistrates

    (2) The Registrar shall forward to the Special Commission such particulars as the Commission may require of any qualified person who makes application, whether in accordance with such notice or otherwise, for appointment as a primary court magistrate together with its recommendations.

8.    Vacancies of primary court magistrates

    (1) Where a vacancy occurs, or it is known that a vacancy will occur, in the office of primary court magistrate, the Chief Justice shall cause the Special Commission to be informed thereof.

    (2) The Special Commission shall consider whether any of the applicants, particulars of whom have been forwarded to it by the Registrar under regulation 7, are suitable for appointment and–

     (a)    if any such candidate is suitable, make an appointment; or

    (b)    if no such candidate is suitable direct the Registrar to invite applications in accordance with regulation 7.

    (3) Nothing in paragraphs (2) and (3) of this regulation shall apply to–

    (a)    the appointment of an acting primary court magistrate on temporary terms; or

    (b)    the promotion of a primary court magistrate to a higher grade in such office.

9.    Certain persons not to be appointed

    (1) No person who has been convicted of a criminal offence involving moral turpitude, or who has previously been dismissed from the public service, may be appointed to any judicial office without the prior approval of the President.

    (2) No person shall be appointed to any judicial office unless he holds such qualifications as have been approved by the appropriate Commission as qualifications for appointment to that office.

    (3) No person who is not a citizen shall be appointed (otherwise than on transfer or promotion) on pensionable terms to any judicial office except with the prior approval of the President.

    (4) Subject to the provisions of paragraph (3), no person who is not a citizen shall be appointed to any judicial office unless the appointing authority is satisfied that no citizen who is qualified and suitable for appointment is available and the appropriate Commission certifies that it would not be in the public interest for the office to remain vacant.

    (5) Whenever a person who is not a citizen is appointed to a judicial office, the appropriate Commission shall notify the Permanent Secretary.

10.    Selection of candidates

    (1) In selecting candidates for appointment (including appointments on promotion and transfer) the appointing authority shall have regard primarily to the efficiency of the judicial service.

    (2) Subject to the provisions of regulation 9, as between candidates who are qualified and suitable for appointment, preference will be given–

    (a)    first to persons in the public service who are citizens, provided that preference will be given to a citizen who is not in the public service if he is both suitable and substantially better qualified than any citizen who is in the public service;

    (b)    secondly, to citizens who are not in the public service;

    (c)    [Paragraphs (c) and (d) omitted].

    (3) As between officers having the same degree of preference, qualifications and experience, proved merit and suitability for the post in question will be given greater weight than seniority.

11.    Probationary appointments

    (1) Where any person is first appointed to a judicial office on pensionable terms (otherwise than on promotion or on transfer from a pensionable post in the public service) he shall be appointed for a probationary period of two years or such longer time as the probationary period may be extended under this regulation, and his appointment shall expire if, in accordance with the provisions of this regulation, the appointing authority determines that the appointment should not continue beyond the probationary period.

    (2) Not later than three months before the expiration of any probationary period the appointing authority shall consider whether–

    (a)    the officer should be confirmed in his office; or

    (b)    the probationary period should be extended to afford the officer further opportunity to pass any examination, the passing of which is a condition of the appointment, his service otherwise being satisfactory; or

    (c)    the probationary period should be extended to afford the officer the opportunity of improvement in any respect in which his work or conduct has been adversely reported on; or

    (d)    the officer's appointment should not be continued beyond the probationary period.

    (3) Where the appointing authority is of the opinion that a probationary period should be extended under subparagraph (c) of paragraph (2), or that the officer's appointment should not continue beyond the probationary period, the appropriate Commission shall, by letter, inform the officer of the appointing authority's intention to act in accordance with such opinion and of the right of the officer to make representations thereon within a period to be specified in the letter, and require the officer to acknowledge receipt of the letter, in writing, within that period.

    Any representations received from a primary court magistrate shall be referred to the Special Commission which shall make such decision as it shall think appropriate.

    (4) An appointing authority may reduce a probationary period if the officer concerned has fulfilled all requirements necessary to be fulfilled before he is confirmed in his appointment and either–

    (a)    he has previously served in the office or in a similar office on non-pensionable terms; or

    (b)    the reduction of the probationary period is necessary for administrative reasons:

    Provided that no probationary period shall be reduced under this paragraph by a period exceeding the period which the officer concerned has served in the office or a similar office on non-pensionable terms or a period of one year, whichever shall be the less.

12.    Terms of appointment

    The terms of appointment to be offered to any person on his appointment to any judicial office shall, subject to the provisions of General Orders, be determined by the Permanent Secretary.

13.    Terms of promotion

    Where any person is appointed to any judicial office on promotion after the commencement of these Regulations, he shall be promoted on the terms that he shall revert to his former rank if, at any time during the effective date of his promotion, the appropriate Commission, after the period of six months (exclusive of any period of leave) next after the effective date of his promotion, the appropriate Commission, after hearing any representations which the officer may wish to give, determines that the officer has failed to perform satisfactorily all the duties of the office to which he was promoted:

    Provided that where the appropriate Commission shall have given consideration to an officer's reversion in rank within such period of six months, it may, if it considers that the work or conduct of the officer warrants or requires further trial, extend the said period for such further time or times as it thinks fit.

14.    Date of promotion

    (1) Where any officer is appointed to any judicial office on promotion the effective date of his promotion to the office shall, subject to the provisions of paragraph (2), be that determined by the appointing authority.

    (2) The appointing authority shall not appoint a date of promotion which is earlier than the latest of the following dates–

    (a)    the date upon which the vacancy occurred;

    (b)    the date upon which the officer became qualified for promotion;

    (c)    the date upon which the officer assumed the duties of the new office:

    Provided that the appointing authority may, if there are special circumstances in the case, appoint a date of promotion which is earlier than the date mentioned in paragraph (c) but no such date shall be appointed which is earlier than the latest of the dates mentioned in paragraph (a) or (b).

15.    Further engagement on contract

    (1) Where a judicial officer is serving on contract and is willing to engage for a further tour of service, the Chief Justice shall, before the date when the contract expires and, normally, prior to the officer proceeding on leave, cause the appointing authority to be notified of the date when the contract expires and of his recommendation whether it should be renewed or not.

    (2) Every notification under paragraph (1) shall be given, so far as is practicable, in sufficient time to enable a decision whether or not to renew the contract to be made prior to the date when the contract expires and for the officer concerned to be notified of the decision, so far as possible, prior to proceeding on leave.

16.    Special procedure

    Where any appointing authority is satisfied that the public interest requires that any matter relating to the appointment (including appointment on promotion and transfer) or confirmation in his appointment of an officer be dealt with otherwise than in accordance with the procedure laid down in these Regulations, it shall refer the matter to the President and shall deal with the matter in accordance with such directions as may be given by the President.

17.    Commission may require attendance

    A 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 the exercise of its functions under these Regulations and may require the production of any official documents relating to any such matter by any person attending before it.

18.    Establishment of boards or committees

    (1) The Chairman of a Commission shall have power to constitute boards or committees to assist the Commission in the carrying out of its functions and may appoint to such boards or committees members of the Commission or persons who are not members of the Commission or both members and persons who are not members of the Commission.

    (2) The Chairman shall have power to determine the procedure to be followed by any such boards or committees, subject to such instructions as the Commission may from time to time issue.

19.    Examinations

    (1) A Commission may, or, if so requested by the Government, shall conduct written and oral examinations and on the result of such examinations, appointments, promotions and granting increments may wholly or in part depend.

    (2) A Commission may appoint a board or committee constituted in the manner provided in regulation 18, to advise on such matters connected with the conduct of examinations, as it may consider necessary.

20.    Replacement

    These Regulations replace the Judicial Service Commission Regulations *, in so far as the latter make provision for the exercise of powers conferred on the President by the Constitution of the United Republic * and the Judicial Service Act *.

THE JUDICIAL SERVICE (REGIONAL BOARDS ESTABLISHMENT) REGULATIONS

(Section 23)

[1st July, 1964]

G.Ns. Nos.
369 of 1964
304 of 1969
32 of 1974

    1. These Regulations may be cited as the Judicial Service (Regional Boards Establishment) Regulations.

    2. There are hereby established for the purposes of the Judicial Service Act *, Regional Boards for the Regions as set out in the first column of the Schedule hereto.

     3. A Regional Board shall consist of a Chairman, a Vice-Chairman and three other members who shall be persons occupying the offices set out in the second column of the Schedule hereto.

    4. (1) The Chairman or, in his absence, the Vice-Chairman shall preside at meetings of a Board.

    (2) When the Chairman, the Vice-Chairman or a member occupying the office of the Regional Chairman of TANU are absent from any meeting of the Board the persons occupying the offices set out in the third column of the said Schedule shall act as Chairman, Vice-Chairman and member respectively.

    5. The junior of the two District Magistrates appointed to the Board shall act as secretary thereof but shall not have the right to vote at meetings of the Board. He shall keep a record of any decisions of the Board.

    6. A quorum of a Regional Board shall consist of the Chairman and two members.

    7. In any proceedings of the Regional Board the Chairman shall have a deliberative vote and in the event of an equality of votes, a casting vote.

    8. The procedure of a Regional Board shall be regulated by the Chairman.

SCHEDULE

(Regulation 2)

THE JUDICIAL SERVICE (GENERAL, TERMINATION OF SERVICE AND DISCIPLINARY) REGULATIONS

TABLE OF CONTENTS

    Regulation

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Interpretation.

PART II
PROCEDURAL PROVISIONS

    3.    Meetings of commission.

    4.    Minutes.

    5.    Decisions may be made by circulation of papers.

    6.    Voting.

    7.    Commission may require attendance.

    8.    Addressing of correspondence.

PART III
TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS OR IN THE PUBLIC INTEREST)

    9.    Probationary appointments.

    10.    Non-pensionable officers.

    11.    Compulsory retirement.

    12.    Termination for infirmity.

PART IV
DISCIPLINARY PROCEEDINGS AGAINST JUDICIAL OFFICERS

    13.    Interdiction.

    14.    Suspension.

    15.    Pending criminal proceedings.

    16.    Disciplinary action after acquittal.

    17.    Loss of privileges on dismissal.

    18.    Officers to be informed.

    19.    Proceedings for dismissal.

    20.    Proceedings by the Commission.

    21.    Powers of Chief Justice and other superior officers.

PART V
REMOVAL IN PUBLIC INTEREST

    22.    Removal in the public interest.

PART VI
MISCELLANEOUS PROVISIONS

    23.    Punishments.

    24.    Cases not covered by regulations.

    25.    Replacement.

THE JUDICIAL SERVICE (GENERAL, TERMINATION OF SERVICE AND DISCIPLINARY) REGULATIONS

(Section 21)

G.Ns. 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 Act *.

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.    Replacement 1

    These Regulations replace the Judicial Service Commission Regulations *, 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.

THE JUDICIAL SERVICE (SPECIAL COMMISSION) (GENERAL, TERMINATION OF SERVICE AND DISCIPLINARY) REGULATIONS

(Section 21)

PART I
PRELIMINARY PROVISIONS (regs 1-2)

G.Ns. Nos.
57 of 1986
661 of 1998

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 Act *.

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) 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.

THE JUDICIAL SERVICE (DELEGATION OF POWERS) REGULATIONS (G.N. No. 510 of 1991)

(Sections 18(1) and 21)

G.N. No. 510 of 1991

    1. These Regulations may be cited as the Judicial Service (Delegation of Powers) Regulations.

    2. Except where a person to be disciplined is a Resident Magistrate in-charge of a Region, or a District Magistrate in-charge of a District, the power to exercise the functions specified in regulation 3 of these Regulations is delegated to the Regional and District Judicial Boards.

    3. The following functions specified in regulation 23 of the Judicial Service (General, Termination of Service and Disciplinary) Regulations *, namely–

    (a)    reduction in rank or seniority;

    (b)    reduction in salary not exceeding one quarter of a month's pay;

    (c)    fine not exceeding one quarter of a month's pay;

    (d)    reprimand; and

    (e)    the recovery of the cost or part of the cost or any loss or damage caused by default or negligence, are delegated under regulation 2 of these Regulations.

    4. A person who is aggrieved by a decision made by the Board under regulation 3 of these Regulations, may appeal to the Commission within thirty days of being notified of the disciplinary decision taken against that person.

THE JUDICIAL SERVICE (DELEGATION OF POWERS) REGULATIONS (G.N. No. 511 of 1991)

(Sections 21 and 24)

G.N. No. 511 of 1991

    1. These Regulations may be cited as the Judicial Service (Delegation of Powers) Regulations.

     2. Except where a person to be disciplined is a Resident Magistrate in-charge of a Region, or a District Magistrate in-charge of a District, the power to exercise the functions specified in regulation 3 of these Regulations is delegated to the Regional and District Judicial Boards.

    * 3. The following functions specified in regulation 25 of the Special Commission (General Termination of Service and Disciplinary) Regulations *, namely–

    (a)    reduction in rank or seniority;

    (b)    reduction in salary not exceeding one quarter of a month's pay;

    (c)    fine not exceeding one quarter of a month's pay;

    (d)    reprimand; and

    (e)    the recovery of the cost or part of the cost or any loss or damage caused by default or negligence,

are delegated under regulated under regulation 2 of these Regulations.

    4. A person who is aggrieved by a decision made by the Board under regulation 3 of these Regulations, may appeal to the Special Commission within thirty days of being notified of the disciplinary decision taken against that person. {/mprestriction}