The Judiciary Administration Act

This section is a contents-style heading listing topics such as short title, commencement, application, interpretation, and administration of the Judiciary Service.

This section appears to identify or reference “No. 4 Judiciary Administration 2011” and the Judicial Service Commission.

This section is labeled with topics including the Judicial Service Commission, its powers, the secretary, oaths, membership vacancies, procedure, protection of members, privileged communications, and the President’s functions and powers.

This section is headed “Advice. Regulations” and refers to Part III, Chief Justice and Chief Registrar.

This section is a heading about the Chief Justice’s powers and judicial functions, and mentions the Chief Registrar and other Registrars.

Section heading for the Chief Registrar and the Commission’s functions.

The Chief Justice must perform the functions and exercise the powers given under this Act, in addition to functions under the Constitution or other written law.

The Chief Justice must supervise the disposal and management of cases, and may use supervision powers to call for returns, handle complaints, take necessary measures, and delegate powers and functions.

The Chief Justice is responsible for overseeing court judicial functions and may direct court sittings, judicial assignments, schedules, work loads, hearing lists, and courtrooms. Court staff must act under the Chief Justice’s direction, and courtroom staff must follow the presiding judge’s directions.

A constitutionally appointed Jaji Kiongozi is to serve as head of the High Court and assist the Chief Justice.

A Chief Registrar is to be appointed by the President on the Commission’s recommendation, must meet specified qualifications, be assisted by named registrars and deputy registrars, and is accountable to the Chief Justice.

The Chief Registrar and several court registrars have defined administrative duties, including supervising judicial work, preparing annual calendars, and carrying out assigned duties.

This section heading refers to functions of the Commission, employee matters, review of benefits and terminal benefits, delegation of functions, appointment of certain members of the Service, and powers of dismissal and removal.

The Commission has several functions, including advising the President, handling complaints, and exercising administrative and disciplinary powers over judicial and some non-judicial officers.

The Commission sets employees’ terms, salaries, allowances, grading, and rates of pay for the Service, and the allowances are exempt from income tax.

The Commission must review employees’ salaries, allowances, benefits, and service conditions when that review is desirable and necessary, and make recommendations to the President.

When reviewing employees’ salaries, allowances, or terminal benefits under the Act, the President must consider the national economy and any other necessary factors.

The Commission may delegate certain functions to committees or specified officers, but it can still exercise those functions itself.

This section is about establishing the Judges Ethics Committee.

This section heading indicates rules about complaints, handling by the Chief Justice and Committee, and related proceedings.

This section is titled about the Judicial Officers Ethics Committee, including its establishment, composition, functions, complaints, procedure, and the Regional Judicial Ethics Committee.

This provision appears to name the Regional Judicial Officers Ethics Committee and refers to the District Judicial Officers Ethics Committee.

This section is headed “Establishment of the District Ethics Officers Committee” and introduces Part VI on Financial Provisions, including establishment of the Fund.

Judicial Officers Ethics Committees of different levels must investigate and inquire into matters concerning Judicial Officers.

This section creates the Judges Ethics Committee, sets its membership and secretary, gives members a three-year term with one possible reappointment, and bars the Committee from delegating its functions or powers. A member who has been complained against must not sit on the complaint.

The Committee must handle complaints about a Justice of Appeal, the Jaji Kiongozi, or a Judge, and grave complaints must be sent to the Commission.

A complaint against a Justice of Appeal, Jaji Kiongozi, or Judge may be raised by the Committee on its own motion or by a complainant allowed under section 40(1).

Certain people may lodge a complaint about a Justice of Appeal, the Jaji Kiongozi, or a Judge with the Commission or Committee, and the complaint must be filed with the Secretary.

Complaints must be written, signed by the complainant, and contain enough information about the act or omission complained of.

The Chief Justice may handle a complaint by sending it to the Committee, serving the relevant judge and requiring a response within 21 days, or taking other necessary steps in minor matters or where fault is admitted.

The Committee may handle a complaint by serving the judge concerned, asking for a response within 21 days, taking corrective steps, or starting an investigation; if the complaint is grave, the Committee must inquire into it.

If a matter is before the Committee, the Judge does not admit the complaint, and the Committee sees it as grave, the Committee must refer the matter to the Commission.

The Committee must handle a complaint it receives from the Chief Justice or the Commission under section 39 of the Act.

This section sets up the Judicial Officers Ethics Committee, assigns its membership and secretary, gives members a three-year term, and bars delegation and participation where a complaint concerns the person involved.

The Judicial Officers Ethics Committee handles complaints against judicial officers, except certain senior judges, and must follow the procedure in the Fourth Schedule.

This section heading concerns Judiciary funds, other sources of funds, accounts and audit, internal financial regulations, and the annual report.

This section is titled Budget of the Judiciary and mentions presentation of budget estimates to the Commission, negotiations on budget estimates, and submission.

A special Judiciary Fund is established, the Treasury must pay required Judiciary sums into it, and the Chief Court Administrator manages and controls it.

The Judiciary may receive grants made for its purpose from foreign governments, international or national organizations or associations, or individuals.

The Chief Court Administrator must keep proper books of accounts and prepare a statement of income and expense within three months after each financial year ends.

The Commission must make internal financial regulations for the Judiciary Fund and consult the Minister responsible for finance.

The Chief Court Administrator must submit annual financial and activity reports to the Minister, and the Minister must then submit those reports to the National Assembly.

Before each fiscal year, the Commission must direct the Chief Court Administrator to prepare Judiciary budget estimates.

The Chief Court Administrator must first present matters to the Workers’ Council, then present the Judiciary’s budget estimates to the Commission. The Workers’ Council and the Commission each review the material and may make appropriate alterations; the Commission then concurs and adopts the estimates.

The Chief Court Administrator must present the Commission-approved budget estimates to the Treasury and then send a copy to the Minister for appropriation by Parliament.

This section is a list of topic headings, including offences related to influencing the Commission, false information, unauthorized disclosure, and prosecutions.

A person must not, outside the course of duty, directly or indirectly try to influence any decision of the Commission. Violations are offences punishable by a fine or up to two years’ imprisonment.

A person who willfully gives false information to the Commission in connection with its functions or duties commits an offence and may be fined, imprisoned for 2 years, or both.

For sections 60 and 61, “Commission” includes the Commission and several related people or bodies.

Commission members, officers, and others must not disclose covered information without the Chairman’s written permission.

A prosecution for an offence under this Part cannot be started unless the Director of Public Prosecutions consents.

This section is labeled “Performance of functions under this Act,” with references to regulations, repeal and savings, and consequential amendments.

The Chief Court Administrator and the Chief Registrar must establish a system of close consultation, coordination, and cooperation when exercising their functions under this Act.

The Commission may make regulations for administering the Judiciary, including conduct, procedures, and related matters.

This section repeals the Judicial Service Act and keeps certain pending proceedings and prior acts in effect.

This text states that section 6 is amended and that the Act may be cited as the Judiciary Administration Act, 2011, coming into operation on a date appointed by the Minister by Gazette notice.

This section says this Part is to be read together with the Public Service Act.

This section amends the principal Act by changing wording in section 6, adding a new subsection about the Authority’s role in confirming, appointing, promoting, and disciplining certain judicial service officers, and adding “Judicial Service Scheme” to section 7(3).

This Act applies to Mainland Tanzania.

This section defines key terms used in the Act, including roles, institutions, and the meaning of “Service Scheme.”

The Commission must meet at least once every three months, the Chief Justice presides at every meeting, and invited non-members may participate but may not vote.

A meeting of the Commission has a quorum only if a majority of members are in office.

Commission questions are decided by majority vote, with the presiding person casting an extra vote if votes are equal.

The Secretary must record and keep minutes of all business conducted at meetings.

A vacancy among the Commission’s members does not affect the validity of its acts or proceedings.

Commission instruments must be signed by the Chief Justice, or by the Secretary or another Commission member authorized in writing by the Chief Justice.

The Commission may regulate its own proceedings, subject to the Schedule.

The Committee must meet at least once every three months, the Chairman may call a special meeting on a written request from a majority of members in office, the Chairman must preside, and invited non-members may participate but cannot vote.

A Committee meeting has quorum when half of the members in office are present.

Committee decisions are normally made by majority vote, and the presiding person gets a casting vote if votes are equal.

The Committee must keep minutes of its meetings and have them read and confirmed, or amended and confirmed, at the next meeting.

Committee acts or proceedings remain valid even if there is a vacancy among members or a defect in a member’s appointment.

Orders, directions, notices, or other documents may be made or issued by the Chairman, the Secretary, or another member authorized in writing by the Chairman.

The Committee may regulate its own proceedings, subject to this Schedule.

The Judiciary Service is established for administering the Judiciary, and its employees must not take directions from any authority outside the Service when performing their functions.

The Commission must prepare service schemes for the Judiciary and the Service, in consultation with the Minister responsible for Public Service, and those schemes must cover appointments, promotions, resignations, terminations, salaries, allowances, and employee grades.

The Commission must establish the needed Divisions, Units and Sections, and the President appoints the Chief Court Administrator on the Commission’s recommendation.

The Chief Court Administrator must manage the Service, submit quarterly administration reports, and carry out functions and powers given by section 53, but not on matters assigned by law to judicial officers.

The President is the disciplinary authority for the person holding the office of Chief Court Administrator.

If the Chief Court Administrator’s office is vacant or the officeholder cannot act, the Chief Justice must appoint a senior person in the Service to act, and notify the Commission and President. Court administrators must carry out assigned duties, report quarterly, advise on certain non-judicial matters, manage allocated funds, and subordinate court administrators must take general instructions from the next higher court.

Affected officers may choose to join the Service or be moved to the Public Service Establishment, and they must do so within six months of commencement.

The Commission continues to exist, members appointed by the President serve for three years with one possible reappointment, members cannot use proxies or delegate their functions, and meeting procedure follows the First Schedule.

The Commission has powers over non-judicial officers, must set up an Employment Advisory Committee, and may be appealed to by aggrieved officers before a further appeal to the President.

The Chief Court Administrator is the Secretary to the Commission, and the Secretary must help secure and carry out all Commission decisions.

Members of the Commission and the Secretary must take the required oath or affirmation when first appointed. The Chairman may also require Secretariat members to do the same, and people with relevant religious objections may use a solemn affirmation instead.

The Commission’s decisions and actions are not invalid just because there is a vacancy or a member is absent, but its decisions need a majority of the members present.

The Commission must regulate its own procedure, subject to the Act and any regulation made by the President.

Commission members get protection and privileges for good-faith acts done in their duties, and certain Commission communications are privileged in legal proceedings unless the Chairman consents in writing.

The President may ask the Commission for advice on certain constitutional or office-creation/abolition matters, and the Commission must advise on matters referred to it.

The President may make regulations on matters this Act allows the President to regulate, and may delegate powers under this section to the Commission or the Chief Justice.

A complaint against a judicial officer may be started by the Judicial Officers Ethics Committee, a complainant under section 40(1), or by remittal from the Commission.

The complaints procedure in sections 41 to 45 applies, with necessary changes, to complaints against judicial officers.

This section establishes a Regional Judicial Officers Ethics Committee in each region and sets out who sits on it, how complaints are filed and forwarded, and when magistrates or judicial officers may be suspended or interdicted.

This section establishes a District Judicial Officers Ethics Committee in each district and sets how complaints about Primary Court Magistrates are handled.