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)

Region

Composition of the Board

Tanga

Regional Commissioner (Chairman)

District Commissioner (Alternate)

Resident Magistrate In-Charge (Vice-Chairman)

District Magistrate (Alternate)

Regional Personnel Officer (Member)

District Personnel Officer (Alternate)

District Magistrate (Member and Secretary)

Coast

Regional Commissioner (Chairman)

District Commissioner (Alternate)

Resident Magistrate In-Charge (Vice-Chairman)

District Magistrate (Alternate)

Regional Personnel Officer (Member)

District Personnel Officer (Alternate)

District Magistrate (Member and Secretary)

Mtwara

Regional Commissioner (Chairman)

District Commissioner (Alternate)

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