CHAPTER 405
INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   BY-LAWS

      The Institute of Judicial Administration Lushoto (Students General Welfare, Conduct and Disciplinary Matters) By-laws

BY-LAWS

THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO (STUDENTS GENERAL WELFARE, CONDUCT AND DISCIPLINARY MATTERS) BY-LAWS

PREAMBLE

CONSCIOUS of the role of the IJA as a training Institute to PREPARE TANZANIANS AND NON-TANZANIANS TO BECOME FUTURE PROFESSIONALS AND/OR GOOD LEADERS IN THE DEVELOPMENT OF OUR RESPECTIVE NATIONS as may be required of us:

AND RECOGNIZING that PEACE, GOOD CO-OPERATION and STATE OF TRANQUILLITY among members of any community and in this case the IJA, are the most important aspects for the creation of an ENVIRONMENT CONDUCIVE TO A LEARNING SITUATION:

AND UNDERSTANDING that an ENVIRONMENT CONDUCIVE TO A LEARNING SITUATION will only be created in a WELL ORGANISED COMMUNITY through mutual respect and proper discharge of one's responsibility by each community member:

NOW THEREFORE THE GOVERNING COUNCIL OF THE INSTITUTE in the exercise of the powers conferred to it under the provisions of section 23 of the Act establishing the Institute has resolved to pass these BY-LAWS in order that the Institute may realise the following objectives:

   (a)   to regulate and maintain discipline amongst students and to provide for the better Governance, Control and Administration of the Institute;

   (b)   to establish and maintain a state of good relationship among members of the IJA community which is conducive to learning;

   (c)   to assist in building up discipline among students as trained future professionals (Magistrates, Court Clerks, etc) expected of them by their respective nations;

   (d)   to provide the necessary and basic facilities to students directly related to their learning function and stay at the IJA;

   (e)   to safeguard all the Institute's physical facilities and property availed to students during their stay at the IJA.

PART ONE
PRELIMINARY PROVISIONS (bylaws 1-3)

1.   Short title

   These By-laws may be cited as the Institute of Judicial Administration Lushoto (Students General Welfare, Conduct and Disciplinary Matters) By-laws.

2.   Interpretation

   In these By-laws, unless the context otherwise requires–

   "the Act" means the Institute of Judicial Administration Lushoto Act *;

   "Academic Planning and Examinations Committee" means the Committee of the IJA Governing Council responsible for academic affairs of the Institute;

   "Appropriate Authority" means the Principal or any other officer of the Institute acting on his behalf in execution of these By-laws;

   "Catering Superintendent" means any officer of the Institute appointed by the IJA Governing Council to be responsible for the kitchen and cafeteria services at the Institute;

   "Committee" means the Students Disciplinary Committee established under paragraph 22(1) of these By-laws;

   "Dean of Students" means any officer of the Institute appointed by the IJA Governing Council responsible for the students' welfare at the Institute;

   "disciplinary offence" means any offence under paragraph 12 of these By-laws or any act forbidden under these By-laws or any other law which, in the opinion of the Committee, constitutes a disciplinary offence;

   "Governing Council" means the Governing Council of the Institute established under section 6 of the Act;

   "Halls Superintendent" means any officer of the Institute appointed by the IJA Governing Council responsible for the care of the Students' Halls of Residence;

   "IJA" means an abbreviation for the Institute of Judicial Administration Lushoto;

   "illegal meeting" means any meeting or gathering which has not been allowed by an appropriate authority;

   "Institute" means the Institute of Judicial Administration Lushoto established under section 3 of the Act;

   "IJASO" means the Institute of Judicial Administration Students' Organisation;

   "Minister" means the Minister responsible for Legal Affairs;

   "Principal" means the Principal of the Institute as appointed under section 10 of the Act;

   "Registrar" means any officer of the Institute appointed by the Governing Council to be responsible for students' admissions, registration, examinations and general academic administration;

   "social function" means any party to be held by students for whatever reason;

   "Student" means any person enrolled as such for any course conducted by the Institute lasting for one academic year or more;

   "Students Disciplinary Appeals Committee" means a Committee established under paragraph 28(1) of these By-laws;

   "Students Representatives" means any competent body of students properly appointed and constituted to represent students' interests to the Institute's authorities.

3.   Application

   (1) These By-laws shall apply to any person who is admitted and registered as a student of the Institute.

   (2) The application of these By-laws to any student shall cease upon the expiry of the period one is registered as a student of the Institute or upon the happening of any event which disqualifies one from continuing to be a student of the Institute.

   (3) The Institute through its established mechanism shall bring to the attention of the students the existence of these By-laws.

   (4) Notwithstanding the provisions of paragraph 3(3) of these By-laws every student shall be presumed to be aware of the existence of these By-laws and any other laws of the Institute, and it shall not be a defence for any student in relation to any proposed disciplinary measure that these By-laws were not brought to his attention by the Institute.

   (5) The Principal of the Institute or any other officer appointed by the Principal shall be responsible to the Governing Council for the enforcement of these By-laws.

PART TWO
RESIDENTIAL AND OTHER MATTERS INCIDENTAL THERETO (bylaws 4-9)

4.   Halls of Residence

   (1) All students may, upon admission and registration as students of the Institute, and depending on the availability of accommodation in the Halls of Residents or any specified residence on the campus, live in the Institute's Halls of Residence or in any such other specified residences as may be allocated to them by the Halls Superintendent or any other officer of the Institute having such powers.

   (2) Every student shall before being granted any accommodation or the right to occupy any room in the Halls of Residence or in any other premises on campus earmarked for residential purposes, pay for such accommodation at full rate as the Institute may determine from time to time.

   (3) The Dean of Students shall have the power to evict any student who has fraudulently or by misrepresentation secured accommodation in any premises of the Institute, or any student who has been allocated accommodation without having paid for such accommodation in advance as provided for under subparagraph (2) of this paragraph.

   (4) Any student who is evicted from the room by the Dean of Students under subparagraph (3) of this paragraph shall not be considered again for any accommodation on-campus unless the Principal directs otherwise.

   (5) The Institute shall have the right and power to determine the number of students who may share any of its rooms in the Halls of Residence or in any other premises earmarked for residential purposes,

   (6) It shall be the students' own responsibility to bear the costs for off-campus accommodation.

5.   Students rooms

   (1) No student shall change the room allocated to him without the prior permission of the Halls Superintendent or any other officer of the Institute acting on that behalf.

   (2) The issuing of any item by the Institute to any student either for the latter's use in his room or in connection with any activity of the Institute shall be made in writing by using specified forms or any other form of writing that the Institute may consider proper and in any case, the student shall enter his signature.

   (3) Every student shall, at the end of each term, hand back to the relevant authorities the room keys and all other items the Institute might have issued him either for use in the rooms allocated to him or in connection with any activity of the Institute.

   (4) Students shall report without delay any damages whether accidental or otherwise direct to the appropriate officer-in-charge of the section under whose care such property was kept.

   (5) In the event of any dispute as to one's liability under subparagraph (4) of this paragraph, the officer-in-charge of the section shall refer the matter to the Dean of Students who shall report the same to the Students' Disciplinary Committee for determination.

   (6) Any damage to, or loss of any property of the Institute by any student shall be made good by the student and the cost of making good the damage or replacing the lost item shall be borne by the student concerned.

   (7) Where damage or loss is caused by students whose identities are not known, the cost of repair or replacement shall be shared by all the students involved at the time and, or the place where damage or loss occurred.

6.   Students to take care of their rooms

   (1) Students are enjoined to take good care of the rooms they occupy, and shall be responsible for the daily cleaning of their rooms.

   (2) No students of the opposite sex shall be allowed to share a room.

7.   Social functions in rooms

   (1) No student shall use the room allocated to him for the residential purposes or any other space in the halls of residence for any social function.

   (2) Any student wishing to hold any social function shall apply from the Dean of Students for the permission to hold such function and, the Dean of Students may, on receiving such application grant such permission which shall specify the place and duration for holding such function.

8.   Care of rooms

   (1) Every student shall take good care of the room he occupies in the halls of residence or in any other premise in the Institute earmarked for residential purposes and, in particular, shall not do any of the following acts–

   (a)   install oil cloth or linoleum as floor covering without the prior permission of the Halls Superintendent who shall first consult the Dean of Students;

   (b)   use cellotape or any other gummed material to affix posters, pictures of any other objects in the rooms or on the walls of the Institute's premises;

   (c)   move furniture from their rooms to other places or from other places into their rooms;

   (d)   remove any property or fittings of any kind of the Institute from places where they are respectively kept or fixed to another place, whether in the Institute or outside the Institute;

   (e)   use the balconies and common rooms for drying or airing of beddings, towels, clothing or washings of any kind;

   (f)   cook in the halls of residence or in any other premises not specified for that purpose;

   (g)   use electrical appliances other than reading lamp, personal computer, table fan, electric iron, electric razor, hair dryer, radio cassette, video or record player without the prior permission in writing from the Dean of Students;

   (h)   interfere with any electrical installation or any other service installed in the Institute;

   (i)   use any musical instrument in the Institute premises or play music in any premises or compound of the Institute beyond room sound at any particular time.

   (2) Notwithstanding the provisions of paragraph 8(1)(i) of these By-laws, the Dean of Students may grant permission to play music or do any other similar activities beyond room sound in any premises of the Institute earmarked for social functions except that no such permission shall extend beyond the hours of 3.00 a.m.

   (3) Any student who is employed by the Institute during vacation may be permitted to live on campus and in the Halls of Residence, and in such case he shall pay residential charges at the prevailing rate set and charged by the Institute.

9.   Visitors

   (1) Visitors may be allowed into students' rooms between the hours 10.00 a.m. and 8.00 p.m. For the avoidance of doubt the term "Visitors" includes students of the opposite sex and non-students of either sex.

   (2) Any person who is neither a student nor a resident of the Institute who is a party to the breach of paragraph 9(1) of these By-laws shall be liable to criminal proceedings for criminal trespass.

PART THREE
KITCHEN AND CAFETERIA SERVICES (bylaw 10)

10.   Meals and kitchen premises

   (1) The Institute shall serve meals to students in the cafeteria upon payment of the necessary fees. Meals shall be provided on the basis of a reasonable menu as determined by the Institute.

   (2) No student shall enter the Institute's kitchen without the permission of the Dean of Students or any other person acting on that behalf.

   (3) Notwithstanding the provisions of subparagraph (2) of this paragraph, any Students' government leader may, after consultation with the catering Superintendent and the Dean of Students enter the Institute's Kitchen for the purpose of inquiring, investigating or ascertaining any matter as may be lawfully required of him and which is associated with the students general welfare.

   (4) Comments or complaints about cafeterial services shall be made in the first instance to the catering superintendent through the Students government leader responsible for cafeteria matters or any other person acting on that behalf, who shall settle the matter in accordance with the established procedures of the Institute.

   (5) Cafeterial services shall be enjoyed in the premises specified for such services and students shall not take any utensil from the cafeteria or any other premises currently being used for such services to any other premises or any compound within or outside the Institute campus without the permission of the catering superintendent or any other officer of the Institute acting on that behalf.

PART FOUR
STUDENTS GENERAL CONDUCT (bylaws 11-13)

11.   Misconduct by students

   Any kind of misconduct by students which has the effect of tarnishing the good name of the Institute, both on and off campus, is prohibited.

12.   Disciplinary offences

   Without prejudice to any other provision in these By-laws, the following acts shall constitute disciplinary offences for the purposes of these By-laws:

   (a)   to make noise or disturbance or mobilise other students or people to make noise or disturbance of any kind in any premises or compound of the Institute;

   (b)   to instigate and/or participate in any mob action, strike, the boycott of classes or any civil commotions;

   (c)   to wilfully organise and, or participate or convince others to organise and, or participate in any illegal meeting;

   (d)   drunkenness or any disorderly conduct or unbecoming behaviour by any student of the Institute, both on and off-campus;

   (e)   to behave in any manner which does or is likely to cause damage to the property of the Institute or of another student or any other member of the Institute community;

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