The Judicial Service Act, 2005
This section lists the short title, commencement, application, interpretation, and the start of Part II on administration of the judiciary.
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About this statute
This section lists the short title, commencement, application, interpretation, and the start of Part II on administration of the judiciary. This provision is a section heading for the Judiciary and the office of the Chief Justice. The Chief Justice has supervisory powers over the administration of the Judiciary. Section 6 is a heading for Part III on the Judicial Service Commission, mentioning composition, secretary and staff, and oaths. The provision states that communication of the Commission is privileged.
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Provisions of The Judicial Service Act, 2005
Showing 84 of 84
- 3 Verify source ↗
Section 3
AI-assisted research summary: This section lists the short title, commencement, application, interpretation, and the start of Part II on administration of the judiciary.
3. Short title and commencement. Application. Interpretation. PART II A d m in i s t r a t i o n o f t h e J u d ic i a r y
Part
PART II
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The Judiciary and office o f the Chief Justice
AI-assisted research summary: This provision is a section heading for the Judiciary and the office of the Chief Justice.
4. The Judiciary and office o f the Chief Justice. - 5 Verify source ↗
Duties o f the Chief Justice in relation to administration of the
AI-assisted research summary: The Chief Justice has supervisory powers over the administration of the Judiciary.
5. Duties o f the Chief Justice in relation to administration of the Judiciary. Supervisory powers o f the Chief Justice. - 6 Verify source ↗
Section 6
AI-assisted research summary: Section 6 is a heading for Part III on the Judicial Service Commission, mentioning composition, secretary and staff, and oaths.
6. PART III T h e J u d ic i a l S e r v ic e C o m m i s s i o n Composition of Judicial Service Commission. Secretary and staff. Oaths. - 4 Verify source ↗
(l) The Court o f Appeal o f the United Republic of Tanzania
AI-assisted research summary: The Judiciary is headed by the Chief Justice, who also must carry out the functions and powers given under this Act.
4 .-(l) The Court o f Appeal o f the United Republic of Tanzania and the High Court of the United Republic o f Tanzania established by Articles 108(1) and 117(1) o f the Constitution respectively and courts subordinate thereto, collectively referred to as the “Judiciary'’, shall be headed by the Chief Justice. The Judiciary and Office of Chief Justice (2) The Chief Justice shall, in addition to functions stipulated under Parts III and V o f Chapter Five of the Constitution or any other written law, perform functions and exercise powers stipulated under this Act. Duties of the Chief Justice in relation to adminis tration of the Judiciary - 5 Verify source ↗
Section 5
AI-assisted research summary: The Chief Justice must perform several administration duties for the Judiciary.
5. The duties o f the Chief Justice in relation to administration of the Judiciary shall include: (a) carrying out the general administration o f the judiciary; (b) carrying out administration o f the Court o f Appeal; (c) convening meetings of the Commission; (d) recommending to the President on the need to re-engage a person who held the office o f a Judge or a Justice of Appeal; and (e) to giving directions to the Principal Judge in relation to the carrying out of the administration of the High Court and courts subordinate thereto. - 6 Verify source ↗
( 1) The Chief Justice shall, for the purpose of achieving better and
AI-assisted research summary: The Chief Justice must supervise the disposal of cases and may use several supervisory powers to address complaints about case disposal.
6.-( 1) The Chief Justice shall, for the purpose of achieving better and effective performance of the functions o f the offices of a Judge and a Justice of Appeal, supervise the disposal of cases. (2) In the exercise o f powers o f supervision, the Chief Justice may: (a) call for any Judge to submit returns of the disposition o f cases within a specified period; (b) receive and investigate any complaint relating to the disposal o f any case; Supervi sory powers of the Chief Justice 337 No. 2 ..Judicial Service 2005 (c) (e) take sir'!- measures as mny b>; necessary to address any matter which is the subject of a complaint: or recommc id ..iat any matter, which is a subjet t of complaint, be referred to the Judicial Service Commission. PART III T h e J u d i c i a l S e r v ic e C o m m i s s i o n Composi tion of the Ju icial Service Com mis sion
Part
PART III
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Communication of Commission to be privileged
AI-assisted research summary: The provision states that communication of the Commission is privileged.
13. Communication of Commission to be privileged. - 14 Verify source ↗
Offence to influence or attempt to influence Commission
AI-assisted research summary: Section 14 concerns an offence involving influencing, or attempting to influence, the Commission.
14. Offence to influence or attempt to influence Commission - 15 Verify source ↗
Offence o f false information to the Commission
AI-assisted research summary: This section is titled as an offence about giving false information to the Commission.
15. Offence o f false information to the Commission - 17 Verify source ↗
Unauthorized disclosure of information prohibited
AI-assisted research summary: Unauthorized disclosure of information is prohibited.
17. Unauthorized disclosure of information prohibited. - 18 Verify source ↗
Prosecutions
AI-assisted research summary: This provision appears to be a heading about prosecutions and the interpretation of “Commission,” but no operative rule is visible in the provided text.
18. Prosecutions. Interpretation of "Commission” in sections H a n d 15. 331 No. 2 Judicial Service PART IV 2005 P r o v i s i o n s R e l a t i n g t o t h e F u n c t i o n s o f t h e P r e s i d e n t - 7 Verify source ↗
(1) There shall continue in existence, the Judicial Service
AI-assisted research summary: The Judicial Service Commission continues to exist, its appointed members serve a three-year term with one possible re-appointment, and members may not use proxies or delegate their commission functions or duties.
7. -(1) There shall continue in existence, the Judicial Service Commision with its 'omposition as established under the Constitution. (2) Members of the Commission appointed under Article U2(2)(c) and (e) o f the Constitution shall hold office'for three years bu shall be eligible lor re-appointment for one further term. (3) No member o f the Commission shall be represented in a meeting by proxy and no member shall delegate the perf rmance of any function or the exercise o f duty ordinarily performed by him or exercised by him by viuuc o f being member of the Commission to any person. (4) The conduct o f meetings and the procedure for making decision by the Judicial Service Commission shall be as provided for in the First Schedule to this Act. Secretary and staff
Part
PART IV
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Regulations
AI-assisted research summary: Section 21 is headed “Regulations” and refers to provisions relating to the functions of the Commission in Part V.
21. Regulations. P r o v i s i o n s R e l a t i n g t o t h e F u n c t i o n s o f t h e C o m m i s s i o n PART V - 19 Verify source ↗
(1) The President may. by regulations, delegate the exercise of
AI-assisted research summary: The President may make regulations to delegate certain presidential functions to the Commission, a Judge, or a judicial officer, and may also authorize further deputizing under the section.
19.-(1) The President may. by regulations, delegate the exercise of any o f the fu n ctio n s co nferred on him by A rtic le 113 o f the Constitution, or any function of establishing or abolishing any judicial office, to the Commission, a Judge or a judicial officer. Delegation o f Functions (2) The President may, by regulations, authorize the Commission or any person to whom he has delegated the exercise of his functions under this section to deputize a Judge or a judicial officer to exercise on his behalf such other functions the exercise o f which has been delegated to the Commission or such first mentioned person as may be specified therein. (3) In any regulations made for purposes o f this section, the President shall specify the offices to which each delegation or authorisation relates. (4) The President may exercise his functions notwithstanding any delegation or authorization under this section. - 20 Verify source ↗
Section 20
AI-assisted research summary: The President may refer certain matters to the Commission for advice, and the Commission must advise on matters so referred.
20. The President may refer to the Commission for its advice any m atter relating to the exercise o f the functions conferred on the President by A rticle 113 o f the C onstitution or any function of establishing or abolishing any judicial office and the Commission shall advise the President on any such matter so referred to it: provided that, nothing in this section shall preclude the President from seeking advice in respect of any such matter from any other person. A dvice 341 No. 2 Regula tions Judicial Service 2005 - 21 Verify source ↗
(1) The President
AI-assisted research summary: The President may make regulations, including rules that impose duties and delegation of presidential powers under this section.
21.-(1) The President may make regulations - (a) for any m atter which, by this Act, may be regulated by the President; (b) regulating the performance of the functions conferred on him by Article 113 o f the Constitution and by this Act, and o f any function in relation to establishing or abolishing any judicial office, and the exercise of such functions by any delegate. (2) Without prejudice to the generality of the preceding prov isions of this section, regulations may impose duties on any person. Judge, judicial officer, Commission or a public servant. (3) The President may delegate any of the powers conferred on him under this section to the Commission or the Chief Justice. PART V P r o v i s i o n s R e l a t i n g t o t h e F u n c t i o n s o f t h e C o m m i s s i o n Functions o f the C om m is sion
Part
PART V
- 24 Verify source ↗
Powers o f dismissal and removal
AI-assisted research summary: This provision appears to be a heading for powers of dismissal and removal in the Judges Ethics Committee part.
24. Powers o f dismissal and removal. PART VI C o m m it e e s (a) Judges Ethics Committee - 22 Verify source ↗
The functions of the Commission shall be to
AI-assisted research summary: The Commission has functions to advise the President, scrutinize complaints, and handle certain administrative, appointment, promotion, and disciplinary matters involving judges, judicial officers, and magistrates.
22. The functions of the Commission shall be to: (a) advise the President in respect of- (i) appointment of a Principal Judge or o f Judges: (ii) appointment o f the Registrar o f the Court of Appeal and the Registrar o f the High Court; (iii) inability of a Justice of Appeal or a Judge to perform functions of the office of a Justice of Appeal, a Principal Judge or a Judge; (iv) misconduct of a Justice of Appeal or a Judge inconsistent with the ethics o f office o f a Justice o f Appeal a Principal Judge or a Judge, Registrar o f Court of Appeal and the Registrar of the High Court or with the law concerning the ethics of public leaders; (b) scrutinize a complaint against a Justice of Appeal, a Principal Judge, a Judge, a judicial officer or a Magistrate; (c) take administrative measures against a Justice of Appeal, a Principal Judge or a Judge other than measures referred to under Article 110A(3) of the Constitution; 342 No. 2 Judicial Service 2005 (d) appoint, promote and discipline any judicial officer other than the Registrar of the Court of Appeal or the Registrar of the High Court; (c) recruit, promote and take any disciplinary or administrative measure against any Magistrate. - 23 Verify source ↗
(l) Subject to the provisions of this Act, the Commission may,
AI-assisted research summary: The Commission may delegate specified functions to listed committees and officials, but not the public-interest removal power.
23.-(l) Subject to the provisions of this Act, the Commission may, by regulations, delegate the exercise o f any function conferred on it by Article 113 of the Constitution other than the power of removal in the public interest referred to in section 24 of this Act to the Committees established under this Act. D elega- lion o f functions (2) W ithout prejudice to the provisions o f subsection (1). the Commission may delegate its functions as follows: (a) investigation and inquiry o f com plaints against Justices o f Appeal and Judges to the Judges Ethics Committee established under section 26 of this Act; (b) (c) (d) (e) investigation and inquiry into discipline relating to ju d ic ia l o ffic e rs to the J u d ic ia l O ffic e rs E th ic s Committee established under section 35 o f this Act; investigation and inquiry into discipline relating to Resident and District Magistrates to the Regional Judicial Committees established under section 39 of this Act; investigation and inquiry’ into discipline relating to the P rim ary C ourts M agistrates to the D istrict Judicial Committees established under section 40 of this Act; interdiction o f Resident, D istrict and Prim ary C ourt M a g is tra te s to the Judge in-charge o f the Zone or Division o f the High Court, pending the continuation and completion o f disciplinary proceedings; (f) reprimanding or warning a Judge for a m atter which is minor, where the Judge admits in writing to the Principal Judge; (g) directing Ethical, Regional and District Judicial Committees to commence investigation or enquiry, to the Judge in-charge of a Zone or Division of the High Court. 343 No. 2 Judicial Service 2005 (3) In any regulations made for the purpose o f this section, the Com m ission shall specify the officers to which each delegation applies. ^ (4) The Commission may exercise any of such functions aforesaid notwithstanding the delegation o f the exercise thereof to some other person. (5) In conducting business, the Commission shall be guided by the procedure stipulated in the First Schedule to this Act. Powers o f d is m 'js a l and removal - 24 Verify source ↗
(l) The power to remove judicial officers from office and to
AI-assisted research summary: The power to remove or terminate judicial officers must be exercised under this section, and a judicial officer cannot be dismissed unless the stated disciplinary steps and grounds are met.
24.-(l) The power to remove judicial officers from office and to term inate appointm ents o f judicial officers shall be exercised in accordance with this section. (2) A judicial officer shall not be dismissed unless- (a) a disciplinary charge has been made and proved on a balance of probability against such officer on any or all of the following grounds- (i) misconduct incompatible with the holding o f judicial office; (ii) gross negligence in the discharge of judicial duties: (iii) breach of the Code of Judicial Ethics; (iv) bad reputation incom patible with the holding o f ju d ic ia l office; (b) such officer has had an opportunity to answer a charge under paragraph (a); and (c) an inquiry has been held into the charge. PART VI C o m m i t t e e s (a) Judges Ethics Committee Establish ment of Commi ttees
Part
PART VI
- 26 Verify source ↗
Establishment and composition of the Committee
AI-assisted research summary: This section concerns the establishment and composition of the Committee.
26. Establishment and composition of the Committee. - 27 Verify source ↗
Functions o f the Judges Ethics Committee
AI-assisted research summary: This section is titled “Functions of the Judges Ethics Committee.”
27. Functions o f the Judges Ethics Committee. - 28 Verify source ↗
Complaints before the Judges Ethics Committee
AI-assisted research summary: This section concerns complaints before the Judges Ethics Committee.
28. Complaints before the Judges Ethics Committee. - 31 Verify source ↗
Procedure o f handling complaints by the Chief Justice
AI-assisted research summary: This section is about the procedure for handling complaints by the Chief Justice.
31. Procedure o f handling complaints by the Chief Justice. - 32 Verify source ↗
Handling of a complaint by the Judges Ethics Committee
AI-assisted research summary: Section title only: Handling of a complaint by the Judges Ethics Committee.
32. Handling of a complaint by the Judges Ethics Committee. - 33 Verify source ↗
Procedure where a Judge does not admit
AI-assisted research summary: Section 33 is titled “Procedure where a Judge does not admit.”
33. Procedure where a Judge does not admit. - 34 Verify source ↗
Proceedings of the committee
AI-assisted research summary: 34. Proceedings of the committee (b) Judicial Officers Ethics Committee
34. Proceedings of the committee (b) Judicial Officers Ethics Committee - 35 Verify source ↗
Establishment and composition of the Judicial Officers Ethics
AI-assisted research summary: This section concerns the establishment and composition of the Judicial Officers Ethics Committee.
35. Establishment and composition of the Judicial Officers Ethics Committee. - 36 Verify source ↗
Functions o f the Judicial Officers Ethics Committee
AI-assisted research summary: This section is titled “Functions of the Judicial Officers Ethics Committee.”
36. Functions o f the Judicial Officers Ethics Committee. - 37 Verify source ↗
Complaints before Judicial Officers Ethics Committee
AI-assisted research summary: Section 37 is titled “Complaints before Judicial Officers Ethics Committee.”
37. Complaints before Judicial Officers Ethics Committee. - 38 Verify source ↗
Procedure
AI-assisted research summary: This provision is titled “Procedure” and refers to the Regional Judicial Committee.
38. Procedure. (c) Regional Judicial Committee - 39 Verify source ↗
Establishment of Regional Judicial Committees
AI-assisted research summary: This provision is titled “Establishment of Regional Judicial Committees” and mentions “District Judicial Committee.”
39. Establishment of Regional Judicial Committees. (d) District Judicial Committee - 40 Verify source ↗
Establishment of the District Judicial Committees
AI-assisted research summary: This section establishes the District Judicial Committees.
40. Establishment of the District Judicial Committees. - 41 Verify source ↗
Reporting
AI-assisted research summary: Section heading: Reporting.
41. Reporting. 352 No. 2 Judicial Service 2005 PART VII F i n a l P r o v i s i o n s - 25 Verify source ↗
Section 25
AI-assisted research summary: Committees are established to investigate and inquire into specified judicial officeholders.
25. There are hereby established Com m ittees which shall be responsible for making investigations and inquiries against Justices of Appeal, the Principal Judge, Judges, Judicial Officers and Magistrates. 344 V 2005 Establish ment and composition o f the C om m ittee Functions o f the Judges Ethics Com m ittee No. 2 Judicial Service - 26 Verify source ↗
(l) There is hereby established the Judges Ethics Committee
AI-assisted research summary: This provision establishes the Judges Ethics Committee and sets out who sits on it, who serves as secretary, how long members serve, and limits on delegation and participation in complaint hearings.
26.-(l) There is hereby established the Judges Ethics Committee. (2) The Committee shall be composed of the following members: (a) A Justice of Appeal appointed by the Chief Justice who shall be the Chairman; (b) three Justices of Appeal appointed by the Chief Justice; (c) th ree Judges o f the H igh C ourt ap p o in ted by the C h ief J u stic e . (3) The Registrar of the Court of Appeal shall be the Secretary of the Committee. (4) Members of the Committee shall hold office for three years but shall be eligible for re-appointment for one further term. (5) The Committee shalfnot delegate the performance o f any function or the exercise of any power to any person. (6) A Justice o f Appeal, the Principal Judge or a Judge against whom a complaint has been served shall not participate in the sitting of the Committee which determines that complaint. - 27 Verify source ↗
(l) The functions o f the Committee shall be to
AI-assisted research summary: The Committee must handle complaints in specified ways, including receiving, serving, forwarding, hearing, warning on some complaints, and taking other necessary measures.
27.-(l) The functions o f the Committee shall be to: (a) receive complaints; (b) serve a Justice of Appeal, the Principal Judge or a Judge with a complaint; (c) forward a complaint to the Commission; (d) hear the complaint; (e) w arn a Justice of Appeal, the Principal Judge or a Judge in resp ect o f any com plaint w hich does not w a rra n t reference to the Commission; and (f) take any other measure as it may deem necessary in the circumstances. (2) A complaint against a Justice of Appeal, the Principal Judge or a Judge which the Committee considers to be grave shall be submitted to the Commission for consideration. (3) In conducting business, the Committee shall be guided by the procedure stipulated in the Fourth Schedule to this Act. No. 2 Complaints before the Judges Ethics C om m ittee Who may lodge a com plaint Judicial S en’ice 2005 - 28 Verify source ↗
A complaint against a Justice of Appeal or a Judge may be raised
AI-assisted research summary: A complaint against a Justice of Appeal or a Judge may be raised by the Committee on its own motion or by certain complainants listed in section 29.
28. A complaint against a Justice of Appeal or a Judge may be raised ~*w by: (a) the Committee on its own motion; (b) any one of the complainants stipulated in section 29. - 29 Verify source ↗
(l) Any complaint against a Justice o f Appeal, the Principal Judge
AI-assisted research summary: Certain people may lodge complaints about a Justice of Appeal, the Principal Judge, or a Judge with the Commission or the Committee.
29.-(l) Any complaint against a Justice o f Appeal, the Principal Judge or a Judge may be lodged with the Commission or the Committee by: (a) a Justice of Appeal; (b) the Principal Judge; (c) Judicial Officer; (d) a Magistrate; (e) a law officer; (f) a Government agency; (g) an advocate; (h) a person who has an interest in the matter; or (i) in any other case, a person who can produce adequate evi dence on the complaint. (2) A complaint shall be sent to the Secretary o f the Commission, or the Committee, as :he case may be. Form and content o f a com plaint - 30 Verify source ↗
(l) A complaint shall be made in writing and shall be signed by
AI-assisted research summary: A complaint must be written, signed by the complainant, and include enough detail about the act or omission and its circumstances.
30.-(l) A complaint shall be made in writing and shall be signed by the complainant. (2) A complaint shall contain adequate information disclosing an act or omission complained about and circumstances upon which that act or omission was committed. (3) Without prejudice to subsection (1), a complaint may be made regarding any of the following matters: (a) handling of cases; (b) allegation o f corruption; (c) behaviour inconsistent with the Code of Judicial Ethics; or (d) inability to perform the functions of a Justice of Appeal, the Principal Judge or a Judge. 346 No. 2 Judicial Service 2005 (4) A complaint shall not be rejected only for the reason that it is defective in form, instead, the Chairman o f the Commission or the Committee shall cause such comp' nt to be investigated. - 31 Verify source ↗
The Chief Justice may, whore he considers it appropriate upon
AI-assisted research summary: The Chief Justice may, after receiving a complaint, send it to the Committee Chairman, require the judge concerned to respond within 21 days, or take necessary steps for minor matters or where fault is admitted.
31. The Chief Justice may, whore he considers it appropriate upon receipt of a complaint: (a) remit it to the Chairman of the Committee to be dealt with by the Committee or, (b) serve the Justice of Appeal, the Principal Judge, or Judge concerned with the complaint and require him to respond within a period not exceeding twenty one days; (c) in a m atte r w hich is m inor and does not w a rra n t consideration and determinanon by the Commission or to which the Judge concerned rdmits fault, take such steps as may be necessary to address the complaint. - 32 Verify source ↗
The Judges Ethics Committee may, upon receipt of a complaint
AI-assisted research summary: The Judges Ethics Committee may act on a complaint by notifying the judge concerned, asking for a response within 21 days, taking steps like reprimand or warning, or starting an investigation; if the complaint is grave, it must inquire into the matter.
32. The Judges Ethics Committee may, upon receipt of a complaint from the complainant or directions from the Chief Justice or remittance from the Commission: *■ -f" (a) where appropriate, serve the Justice of Appeal, the Principal Judge or Judge concerned with the complaint and ask him to respond within a period not exceeding twenty one days; Procedure o f handling com plaints by the C h ie f Justice I landling o f a com plaint by the Judges Ethics C om m ittee (b) where the Justice of Appeal, the Principal Judge or Judge admits the complaint, take any such steps such as reprimanding or warning; or such acts within a specified time as shall appear necessary to address the complaint; or (c) where he considers it desirable cause investigation to be made on the inquiry; (d) where the complaint appears to be grave to warrant inquiry-, the Committee shall inquire into the matter. - 33 Verify source ↗
Where a matter is placed before the Committee and the Judge
AI-assisted research summary: If a matter is brought before the Committee, the Committee must refer it to the Commission when the Judge does not admit the complaint and the Committee considers the complaint grave.
33. Where a matter is placed before the Committee and the Judge concerned does not admit the complaint and the Committee considers the complaint to be o f a grave nature, the Committee shall refer the matter to the Commission. Procedure where a Judge does not admit 347 No. 2 Proceedings o f the C om m ittee E stablish ment and c o m p o si tion o f the Judicial O fficers Ethics C om m ittee Functions o f the Judicial O fficers Ethics C om m ittee Judicial Service 2005 - 34 Verify source ↗
The Committee, upon receipt of a complaint from the Chief Justice
AI-assisted research summary: The Committee must handle complaints from the Chief Justice or the Commission under section 32, and the Judicial Officers Ethics Committee is established with specified members and limits on delegation.
34. The Committee, upon receipt of a complaint from the Chief Justice or, as the case may be, the Commission, shall deal with it in accordance with the prov isions of section 32 of this Act. (b) Judicial Officers Ethics Committee 3 5 .-(l) There is hereby established the Judicial Officers Ethics Committee. (2) The Judicial Officers Ethics Committee shall be composed of the following members: (a) the Principal Judge who shall be the Chairman; (b) two Judges of the High Court appointed by the Chief Justice. (3) The Registrar of the High Court shall be the Secretary of the Committee. (4) Members of the Committee shall hold office for three years but shall be eligible for re-appointment for one further term. (5) The Committee shali not delegate the performance of function or the exercise of any power to any person. (6) The Registrar against whom a complaint has been served shall not qualify to act as a Secretary to the Committee which determines that complaint. - 36 Verify source ↗
(I) The functions of the Judicial Officers Etl
AI-assisted research summary: The Judicial Officers Ethics Committee must handle complaints about judicial officers, including receiving, serving, forwarding, inquiring into, and sometimes warning on them.
36.-(I) The functions of the Judicial Officers Etl Committee shall be to. (a) receive complaints against judicial office is; (b) serve a judicial officer with a complaint; (c) forward a complaint to the Commission; (d) inquire into the complaint; (e) warn a judicial officer for any complaint which does not warrant reference to the Commission: and (f) take any other measure as it may deem necessary in the circumstances. (2) A complaint against a judicial officer which the Committee considers to be grave shall be subm itted to the Com m ission for consideration. No. 2 .Judicial Service 2005 (3) In conducting business, the Judicial Officers Ethics Committee shall be guided by the procedure stipulated in the Fourth Schedule to this Act. - 37 Verify source ↗
A complaint against a judicial officer may be raised by
AI-assisted research summary: A complaint against a judicial officer may be raised by the Committee on its own motion, by a complainant listed in section 29(1), or be remitted by the Commission.
37. A complaint against a judicial officer may be raised by: (a) the Committee on its own motion; or (b) any one o f the complainants stipulated in section 29(1); or (c) may be remitted to it by the Commission. - 38 Verify source ↗
The provisions of sections 30, 31, 32, 33 and 34 relating to the
AI-assisted research summary: The complaints procedure in sections 30 to 34 also applies, with necessary changes, to complaints against judicial officers.
38. The provisions of sections 30, 31, 32, 33 and 34 relating to the complaints procedure shall mutatis mutandis apply to complaints against judicial officers. (c) Regional Judicial Committee 3 9 .-(l) There shall be established in each Region, the Regional Judicial Committee which shall be composed of- (a) th<- Regional Commissioner, who shall be the Chairman; Complaints before Judicial O fficers Ethics Com m ittee Procedure E stablish ment o f R egional Judicial C o m m i ttees (b) the resident Magistrate in charge of a Region; (c) the Regional Administrative Secretary; (d) three other members, one o f them being a Minister of religion, appointed by the Regional Commissioner from among prominent persons in the region, and two other persons who in his opinion, are of proven high integrity, knowledgeable and have the ability necessary to usefully participate in the effective discharge o f the functions of the Committee; and (e) a judicial officer appointed by the Judge incharge. (2) The Secretary' of the Regional Judicial Committee shall- (a) in a Region where there is established an office of the Attomev-General, be 'he State Attorney in charge: (b) in a region where there is no office of the Attorney-General be the Regional Administrative Secretary. (3) Where the Secretary of the Regional Judicial Committee is the Regional Administrative Secretary7, he shall establish a system of close 349 No. 2 Judicial Service 2005 consultation, co-ordination and co-operation with the State Attorney in charge of the Zone in which that region is situated. (4) Even. Regional Judicial Committee shall- (a) receive and investigate complaints submitted by members of the public concerning District or Resident Magistrates in the region and submit reports to the Commission: (b) c a r r y out inquiries into the conduct of a District or Resident Magistrate in consequence of a direction so to do given by the Judge in charge, and report back to him or take other appropriate action according to law; and (c) perform such other functions as the Minister may in writing under his hand to the Chairman, direct (5) The quorum at any meeting of the Regional judicial Committee shall be the Chairman and three other members. (6) A persen complaining against the District or Resident Magistrate shall file the complaint with the Secretary to the Regional Judicial Committee. (7) The Secretary to the Regional Judicial Committee who is not a State Attorney in charge shall, after receiving a com plaint under subsection (6), submit that complaint to the State Attorney in charge of the zone in which, that region is situated. (8) A State Attorney in charge shall, after receiving a complaint under subsections (6) or (7). forward that complaint to the Judge in charge o f the zone in which that region is situated, who after studying the matter, shall send it to the Regional Judicial Committee with directions for inquiry or take any other action as shall appear appropriate and just in the circumstances of the case. (9) The complaint against the Resident Magistrate in charge which is submitted to the Judge in charge shall be forwarded to the Judicial Officers Ethics Committee for further action. (10) Where the Chief Justice or the Principal Judge receives any complaint against any M agistrate, and he considers that the public interest requires that M agistrate to cease forthwith to exercise the powers and functions of his office, he may direct the Judge in charge 350 No. 2 Judicial Service 2005 to suspend that M agistrate from the exercise o f those powers and functions provided that inquiry or investigation to his complaint 01 proceedings for his dismissal are being taken or about to be taken. (11) the Judge in charge may, on his own motion or on recommendation of the Regional Judicial Cc mittee, suspend a Magistrate pending the continuation and completion of disciplinary proc *edings r gainst him in the Regional Judicial Committee. (12) At the end o f the inquiry, investigation or disciplinary orocecdings against any Magistrate, the Regional Judicial Committee shall submit a report thereof to the Judge in charge who shall further submit it to the Commission. (d) District Judicial Committee - 40 Verify source ↗
(l)
AI-assisted research summary: Each district must have a District Judicial Committee, with specified members, quorum, complaint-handling, disciplinary inquiry, suspension, and reporting functions.
40.-(l) There shall be established, in each district, the District Judicial Committee which shall be composed of - (a) the District Commissioner, who shall be the Chairman; (b) the District Magistrate or, the Resident Magistrate in charge of the district; (c) the D istrict A dm inistrative S ecretary w'ho shall be the Secretary; (d) three other members, one of them being a Minister of religion appointed by the D istrict C om m issioner from am ong prominent persons who in his opinion, are o f proven high integrity, knowledgeable and have the ability necessary to u sefu lly p a rticip a te in the effective discharge o f the functions o f the D istrict Judicial Com m ittee; and (e) a judicial officer, appointed by the Judge in charge. (2) The quorum at any meeting of the District Judicial Committee shall be the Chairman and three other members. (3) Every- District Judicial Committee shall- (a) receive and investigate complaints submitted by members of the public concerning Primary Court M agistrates in the district and submit reports to the Commission; 351 Estahlislv ment o f the D istrict Judicial C om ini* tie; No. 2 Judicial Service 2005 (b) carry out inquiries into the conduct of the Primary Court Magistrate in consequence of a direction so to do given by the Judge in charge, and report back to him; -A (c) perform such other functions as the Minister may direct. (4) The Judge in-charge may suspend i Magistrate pending the continuation and completion of the disciplinary proceedings against him in the District Judicial Committee. (5) At the completion of the disciplinary proceedings against any Magistrate, the District Judicial Committee shall submit a report in that respect to the Judge in charge who shall further submit it to the Com mission. R eporting - 41 Verify source ↗
The Commission shall prepare a report of its annual activities
AI-assisted research summary: The Commission must prepare an annual activities report and submit it to the Minister, who must lay it before the National Assembly.
41. The Commission shall prepare a report of its annual activities and submit to the Minister who shall lay it to the National Assembly . PART VII F i n a l P r o v i s i o n s R egula tions
Part
PART VII
- 44 Verify source ↗
Repeal and savings
AI-assisted research summary: This section is titled “Repeal and savings.”
44. Repeal and savings. PART VIII C o n s e q u e n t i a l P r o v i s i o n s - 42 Verify source ↗
(1) The Chief Justice may make regulation for the administration
AI-assisted research summary: The Chief Justice may make regulations for administering the judiciary, and such regulations can cover discipline, duties, attendance requirements, ethics, and different rules for different classes of judicial officers.
42.-(1) The Chief Justice may make regulation for the administration of the judiciary. (2) Without prejudice to the generality of the foregoing provisions of this section, regulations may - (a) define disciplinary punishments and awards; (b) impose duties on any person, Commission, Judge, judicial officer or public servant; (c) require persons to attend before the Commission to answer questions relating to the exercise o f its functions by the Commission; (d) make different provisions for different classes of judicial officers. (e) require persons to attend before the Commission to answer questions relating to the exercise o f its functions by the Commission; (f) prescribe the Code o f Judicial Ethics; (g) make different provisions for different classes of judicial officers. 352 No. 2 Judicial Service 2005 (3) Nothing in this section shall restrict powers of the Chief Justice to make administrative instructions or orders in relation to persons in the service o f the Judiciary. (4) Regulations made under this Act shall be published in the Gazette. - 43 Verify source ↗
(l) No proceedings shall be brought in any court on the ground
AI-assisted research summary: Courts may not entertain proceedings based only on noncompliance with the Act or its regulations, and they may not question whether the President, the Commission, or a delegate validly exercised the stated functions, subject to a dismissal-related proviso.
43.-(l) No proceedings shall be brought in any court on the ground i^gai only that the provisions of this Act or any regulations made under this Proceed* Act, have not been complied with. (2) The question whether - (a) the President or the Commission has validly performed any function conferred on him or it by A rticle 113 o f the Constitution or by this Act, or in relation to the establishment o f Judicial offices; or (b) any delegate has validly performed any such function the exercise o f which has been delegated or deputed to him, shall not be inquired into in any court: Provided that, where a person has been dismissed, the provisions of this subsection shall not apply in relation to such dismissal unless, prior thereto, there has been a compliance with the provisions of subsection (2) o f section 25 o f this Act. - 44 Verify source ↗
(l) The Judicial Service Act, 1962 is hereby repealed
AI-assisted research summary: The Judicial Service Act, 1962 is repealed, but pending proceedings and certain acts done under it continue to have effect.
44.-(l) The Judicial Service Act, 1962 is hereby repealed. (2) Notwithstanding the repeal of the Judicial Service Act - (a) all proceedings commenced under the repealed Act and pending before any Com m ission or any C om m ittee or Board immediately before the commencement o f this Act. shall be continued and concluded as if this Act has not been enacted; (b) all o rd e rs , n o tic e s , re g u la tio n s , ru le s , d ire c tio n s , appointments and other acts lawfully made, issued or done under any o f the provisions of the Act and made, issued or done before the com m encem ent o f this A ct, shall be deemed to have been m ade, issued or done under the corresponding provision o f this Act and shall continue to have effect accordingly. 353 Repeal and Savin gs Cap. 508 (R| ) No. 2 Judicial Service 2005 A m en d ment o f the C ivil Procedure Code. Act. N o.49 o f 1966 A m end ment o f the Criminal Procedure Act. No. 9 of 1985 PART VIII C o n s e q u e n t i a l P r o v i s i o n s
Part
PART VIII
- 45 Verify source ↗
Amendment of The Civil Procedure Code Act
AI-assisted research summary: This section amends The Civil Procedure Code Act.
45. Amendment of The Civil Procedure Code Act. - 46 Verify source ↗
Amendment o f The Criminal Procedure Act
AI-assisted research summary: This text describes an Act that repeals the Judicial Service Act 1962 and enacts the Judicial Service Act 2005.
46. Amendment o f The Criminal Procedure Act. SC H E D U L E 333 No. 2 Judicial Service 2005 THE UNITED REPUBLIC OF TANZANIA No. 2 o f 2005 I A s s e n t , B e n j a m i n W . M k a p a , President 6th April, 2005 An Act to repeal the Judicial Service Act, 1962; to enact the Judicial Service Act, 2005, to provide for the administration, discipline of Judges, Judicial Officers and Magistrates in the Judiciary and for related matters. E n a c t e d by Parliament o f the United Republic o f Tanzania [................... ] PARTI P r e l i m in a r y P r o v i s i o n s - 1 Verify source ↗
(l) This Act may be cited as the Judicial Service Act, 2005
AI-assisted research summary: This section gives the Act its short title and lets the Minister set the commencement date by Gazette notice.
1.-(l) This Act may be cited as the Judicial Service Act, 2005. (2) This Act shall come into operation on the date which the Minister may, by notice published in the Gazette appoint. - 2 Verify source ↗
Section 2
AI-assisted research summary: This Act applies to Chief Justices, Justices of Appeal, the Principal Judge, Judges, Judicial Officers, and Magistrates.
2. This Act shall apply to persons holding the office of a Chief Justice, a Justice of Appeal. Principal Judge, a Judge, Judicial Officer and a Magistrate. - 3 Verify source ↗
In this Act, unless the context otherwise requires
AI-assisted research summary: This section defines several terms used in the Act, including Act, Commission, Chief Justice, and Committee.
3. In this Act, unless the context otherwise requires - “Act’’ means the Judicial Service Act, 2005; “Code of Judicia^Ethics” means the Code of Judicial Ethics established from time to time for Judges, Judicial Officers and Magistrates; '“Com m ission” means the Judicial Service Commission established under Article 112 o f the Constitution; “Chief Justice” means the Chief Justice appointed pursuant to Article Short title a n d c o m m e n c e m ent A pplica tio n Interpreta tion i>o. 2 Judicial Service 2005 118(2) o f the Constitution; "Committee" means any Committee established under Part VI of this Act; "complaint” in relation to a matter referred to the Commission or the Committee, means any act, omission or conduct referred in section 31 of the Act; "Constitution" means the Constitution of the United Republic of Tanzania. 1977; "Judge” means a Judge of the High Court appointed in terms o f Article 109(7) o f the Constitution; “Judge In-charge’’ means the Judge In-charge o f a High Court Zone or division o f the High Court; "judicial officer” means the Registrar of the Court o f Appeal, Deputy Registrar o f the Court o f Appeal, Registrar of the High Court, Deputy Registrar o f the High Court and District Registrar, Director of District Courts to Court o f Appeal, Director o f Primary Courts. Private Secretary to the Chief Justice and Senior Resident M agistrates holding certain posts in the headquarters o f the Judiciary; ‘‘Justice o f Appeal" means a Justice of Appeal appointed pursuant to Article 118(1) o f the Constitution; Cap 1 “ M agistrate” means a Primary Court Magistrate, a District Magistrate or a Resident Magistrate; “ Minister” means the Minister responsible for legal affairs; “law officer” has a meaning ascribed to it under the Interpretation of Laws; “President” means the President o f the United Republic o f Tanzania; “Principal Judge” means the Judge o f the High Court designated as “ Jaji Kiongozi in K isw ahili” appointed under A rticle 109 o f the Constitution; Act No 8 of 2002 “public servant” has the meaning ascribed to it under section 3 of the Public Service Act, 2002. 336 No. 2 Judicial Service PART II A d m in is t r a t io n o f t h e Ju d ic ia r y 2005 - 45 Verify source ↗
Section 45
AI-assisted research summary: Section 28 of the Civil Procedure Code Act is repealed and replaced.
45. Section 28 o f the Civil Procedure Code Act is repealed and replaced with the following: - 28 Verify source ↗
After the case has been heard, the court
AI-assisted research summary: After hearing the case, the court must deliver its decision in open court as soon as possible and no later than 90 days, and it must give due notice to the parties or their advocates, if any.
28. After the case has been heard, the court “Delivery ot decision ^ j j O liver a decision in open court as soon as possible, but in any case it shall not exceed ninety days of which due notice shall be given to the parties or their advocates, if any.’’ - 46 Verify source ↗
Section 311 o f the Criminal Procedure Act, 1985 is amended by
AI-assisted research summary: This provision amends section 311 so criminal trial decisions must be delivered in open court promptly, and in any case within 90 days after trial ends.
46. Section 311 o f the Criminal Procedure Act, 1985 is amended by repealing subsection (1) and substituting for it the following: “311 .—(1) The Decision of every- trial of any criminal case or matter shall be delivered in an open court immediately or as soon as possible after termination o f trial, but in any case not exceeding ninety days, of which notice shall be given to the parties or their advocates, if any, but where the decision is in writing at the time o f pronouncement, the Judge or M agistrate may, unless objection to that course is taken by either the prosecution or the defence, explain the substance o f the decision in an open court in lieu of reading such decision in full.” A y FIRST SC H ED U L E (.Made under section 23(5)) M e e t in g s a n d P r o c e e d i n g s o f t h e J u d ic ia l S e r v ic e C o m m i s s i o n M eetings o f C om m is sion l .- ( l ) T he C om m ission shall ordinarily m eet for the transaction o f its business at the tim e and at the places determ ined by it, but shall m eet at least once every' three m onths. (2) T he C h ief Justice may, at any time upon a written request by a m ajority o f the m em bers in office, call a special m eeting o f the C om m ission . (3) The C h ief Justice shall preside at every m eeting o f the C om m ission and in the absence o f the C h ie f Justice the m em bers present shall appoint one o f their num ber to preside over the m eeting. 354 No. 2 Judicial Sendee 2005 (4) The C h ief Justice may invite any person w ho is not a m em ber to participate in the deliberations at any m eeting o f the Com m ission , but any person so invited shall not be entitled to vote. - 2 Verify source ↗
The quorum at any m eeting o f the Com m ission shall be the majority o f m em bers
AI-assisted research summary: A Commission meeting has a quorum when a majority of members in office are present.
2. The quorum at any m eeting o f the Com m ission shall be the majority o f m em bers Quorum in office. - 3 Verify source ↗
( l) Q uestions proposed at a m eeting o f the C om m ission shall be decided by a
AI-assisted research summary: The Commission decides questions by majority vote at a meeting, and may also decide without a meeting by circulating papers and getting written support from a majority. If votes are equal, the presiding person gets a casting vote.
3 .-( l) Q uestions proposed at a m eeting o f the C om m ission shall be decided by a m ajority o f the votes o f the m em bers present and voting and in the event o f an equality o f votes the person presiding shall have a second or casting vote in addition to his original o r deliberative vote. D e c isio n s o f the C o m m is sion (2) N otw ithstanding the provisions o f subparagraph (1), a decision m ay be m ade by the C om m ission w ithout a m eeting by circulation o f the relevant papers am ong the m em bers, by the expression in writing o f the majority o f the m em bers. - 4 Verify source ↗
( l) T he Secretary shall record and keep m inutes o f all business conducted or
AI-assisted research summary: The Secretary must keep minutes of business conducted at meetings, and Commission minutes must be read and confirmed or amended and confirmed at the next meeting.
4 .-( l) T he Secretary shall record and keep m inutes o f all business conducted or transacted at its m eetings, and the m inutes o f each m eeting o f the Com m ission shall be read and confirm ed, or am ended and confirm ed, at the next m eeting w hose m inutes they purport to be. M inutes o f m eetings (2) Any m inutes purporting to be signed by the person presiding at a m eeting o f the C om m ission shall, in the absence o f p roof o f error, be deem ed to be a correct record o f the m eeting w hose m inutes they purport to be. - 5 Verify source ↗
Section 5
AI-assisted research summary: The Commission’s acts or proceedings stay valid even if there is a vacancy among members or a defect in a member’s appointment.
5. T he validity o f any act or proceedings o f the C om m ission shall not be affected by any vacancy am ong its m em bers or by any defect in the appointm ent o f any o f them . - 6 Verify source ↗
All orders, directions, notices or other instrum ents m ade or issued on b ehalf o f
AI-assisted research summary: Orders, directions, notices, and other instruments made or issued for the Commission must be signed by the Chief Justice, or by the Secretary or another Commission member who has written authorization from the Chief Justice.
6. All orders, directions, notices or other instrum ents m ade or issued on b ehalf o f the C om m ission shall be signed by- (a) the C h ie f Justice; or (b) the Secretary or any other m em ber o f the Com m ission authorized in writing in that b ehalf by the C h ief Justice. - 7 Verify source ↗
Subject to the provisions o f this Schedule, the C om m ission may regulate its
AI-assisted research summary: The Commission may regulate its own proceedings, and the Committee has rules for meetings, chairing, special meetings, and voting by invited non-members.
7. Subject to the provisions o f this Schedule, the C om m ission may regulate its ow n proceedings. V acancies, not to invalidate proceedings Orders. directions. etc C om m i ssion may regulate its own proceedings SE C O N D SC H ED U L E (Made under section 9) O ath of a Mem ber I.............................................................................................. having been appointed as C hair m an M em ber o f the Judicial Service C om m ission/Secretary, do sw ear that I will freely and w ithout fear or favour, affection or ill-will, discharge the functions o f C hairm an M em ber 'Secretary o f the C om m ission, and that 1 will not directly or indirectly reveal 355 No. 2 Judicial Service 2005 any m atters relating to such functions to any unauthorized person or otherw ise than in the course o f duty. SO H E L P M E G O D S w orn,D eclared before me t h i s ......................... day o f ............................. 2 0 .......... TH IRD SC H ED U LE (Made under section 9) O a t h o f O f f ic e r o f t h e C o m m i s s i o n I. ....................................................................... being called upon to exercise the functions o f an O fficer o f the Judicial Service Com m ission, do sw ear that I will not. directly or indirectly, reveal to any unauthorized person or otherw ise than in the course o f duty the contents or any part o f the contents o f any docum ent, com m unication or inform ation w hatsoever which m ay com e to my knowledge in the course o f my duties as an Officer o f the C om m ission or under the provisions o f the Judicial Service Act. SO H E L P M E G O D Sw orn/D eclared before m e t h i s .................... day o f ............................. 2 0 .......... Chairman FO URTH SCH ED U LE (Made under section 27(3)) M e e t in g s a n d P r o c e e d i n g s o f t h e E t h ic s C o m m i t t e e a n d J u d ic ia l O f f ic e r s C o m m i t t e e M eetings o f the C om m ittee l.- ( l ) T he C om m ittee shall ordinarily meet for the transaction o f its business at the time and at the places determ ined by it. but shall meet at least once every three m onths. (2) The C hairm an, may, at any time upon a written request by a majority o f the m em bers in office, call a special m eeting o f the Com mittee. (3 ) T he C h airm an , shall preside at every m eeting o f the C om m ittee and in the absence o f the Chairm an m em bers present shall appoint one o f their num ber to preside over the meeting. 356 No. 2 Judicial Service 2005 (4) T he C om m ittee m ay invite any person w ho is not a m em ber to participate in the deliberations at any m eeting o f the C om m ittee, but any person so invited shall not be entitled to vote. - 2 Verify source ↗
T he quorum at any m eeting o f the C om m ittee shall be h a lf o f the m em bers in
AI-assisted research summary: A meeting of the Committee has quorum only when at least half of the members in quorum office are present.
2. T he quorum at any m eeting o f the C om m ittee shall be h a lf o f the m em bers in Quorum office. - 3 Verify source ↗
( l) Q uestions proposed at a m eeting o f the C om m ittee shall be decided by a
AI-assisted research summary: Committee questions are decided by majority vote, and the chair gets a casting vote if votes are tied.
3 .-( l) Q uestions proposed at a m eeting o f the C om m ittee shall be decided by a m ajority o f the votes o f the m em bers present and voting and in the event o f an equality o f votes the perso n presiding shall have a second or casting vote in addition to his original or deliberative vote. D ecisions o f the C om m ittee (2) N otw ithstanding the provisions o f subparagraph (1), a decision m ay be m ade by the C o m m ittee w ith o u t a m eeting by circulation o f the relevant papers am ong the m em bers, by the expression in w riting o f the m ajority o f the m em bers. - 4 Verify source ↗
( l ) T he C om m ittee shall cause to be recorded and kept m inutes o f all business
AI-assisted research summary: The Committee must keep minutes of its business and confirm them at the next meeting.
4 . - ( l ) T he C om m ittee shall cause to be recorded and kept m inutes o f all business conducted or transacted at its m eetings, and the m inutes o f each m eeting o f the C om m it tee shall be read and confirm ed, or am ended and confirm ed, at the next m eeting whose m inutes they purport to be. V acancies, not to invalidate proceedings (2) Any m inutes purporting to be signed by the person presiding at a m eeting o f the C om m ittee shall, in the absence o f proof o f error, be deem ed to be a correct record o f the m eeting w hose m inutes they purport to be. - 5 Verify source ↗
Section 5
AI-assisted research summary: The Committee’s acts and proceedings remain valid even if there is a vacancy among its members or a defect in a member’s appointment.
5. T he validity o f any act or proceedings o f the C om m ittee shall not be affected by any vacancy am ong its m em bers or by any defect in the appointm ent o f any o f them . M inutes o f m eetings - 6 Verify source ↗
All orders, directions, notices or other docum en ts m ade or issued on b ehalf o f the
AI-assisted research summary: Orders, directions, notices, and other documents made or issued for the Committee must be signed by the Chairman, the Secretary, or another member authorized in writing by the Chairman.
6. All orders, directions, notices or other docum en ts m ade or issued on b ehalf o f the C om m ittee shall be signed by- (a) the C hairm an; or (b) the Secretary; and (c) any other m em ber authorized in w riting in thal: b ehalf by the Chairm an. - 7 Verify source ↗
Subject to the provisions o f this Schedule, the Com m ittee m ay regulate its own
AI-assisted research summary: The Committee may regulate its own proceedings, subject to this Schedule.
7. Subject to the provisions o f this Schedule, the Com m ittee m ay regulate its own proceedings. Passed in the National Assembly on the 8 th February, 2005. Orders, directions, etc. C om m ittee may regulate its ow n proceedings D a m ia n S. F o k a , Clerk o f the National Assembly 357
Part
Schedule to this Act.
- 8 Verify source ↗
(l) There shall be a Secretary to the Commission who shall be
AI-assisted research summary: A Secretary to the Commission must secure and facilitate implementation of the Commission’s decisions.
8.-(l) There shall be a Secretary to the Commission who shall be ap p o in ted by the President and other m em bers o f s ta ff o f the Commission, as the Commission shall determine. (2) The Secretary o f the Commission shall be responsible for securing and facilitating the implementation of all the decisions of the Commission. Oaths - 9 Verify source ↗
(l) The members of the Commission and the Secretary shall, on
AI-assisted research summary: Commission members and the Secretary must take an oath on first appointment; staff may be required to do the same, and people with no religious belief or whose beliefs forbid an oath may use a solemn affirmation instead.
9 .-(l) The members of the Commission and the Secretary shall, on first appointm ent, take an oath in the form set out in the Second Schedule to this Act. (2) The Chairman of the Commission may require any member of staff of Commission to take, on first appointment, an oath in the form set out in the Third Schedule to this Act. (3) Where any person required to take an oath under this section has no religious belief or the taking of an oath is contrary to his religious belief, he may make and subscribe a solemn affirmation in the form of 338 No. 2 Judicial Service 2005 the oath appointed, substituting the words '‘solemnly and sincerely declare and affirm" for the word “swear” and omitting the words "So help me God”. (4) Every oath or affirmation taken by a member of the Commission shall be administered by the President and every oath or affirm .ion taken by a member of staff of the Commission shall be administered bv the Chairman of the Commission. - 10 Verify source ↗
(1) Subject to its rules of procedure, the decisions and actions of
AI-assisted research summary: Commission decisions and actions are not invalid just because there is a vacancy or a member is absent; decisions also need a majority of all members.
10.-(1) Subject to its rules of procedure, the decisions and actions of the Commission shall not be invalid by the only reason o f vacancy in its membership or the absence of any member. Vacancy in member ship (2) Notwithstanding the provisions of subsection (1), any decision of the Commission shall require the concurrence of a majority o f all the members thereof. - 11 Verify source ↗
Section 11
AI-assisted research summary: The Commission must regulate its own procedure, subject to the Act and any regulation made by the President.
11. Subject to the provisions of this Act and to any regulation made Procedure by the President, the Commission shall regulate its own procedure. - 12 Verify source ↗
Every member of the Commission shall, in case of any action or
AI-assisted research summary: Commission members get court-like protection for acts done in good faith, and most people are barred from producing or disclosing certain Commission communications in legal proceedings unless the Chairman consents in writing.
12. Every member of the Commission shall, in case of any action or suit brought against him for any act done or omitted to be done in the bona fid e execution o f his duties, have like protection and privileges as is by law given to the acts done or words spoken by a Judge o f the High Court in the exercise o f his judicial office. Protection o f members C o m m u nication o f C om m i ssion to be privileged 13. No person shall in any legal proceedings be perm itted or compelled to produce or disclose any communication, written or oral, which has taken place — (a) between the Commission, or any member or officer o f the Commission and the President or a delegate, or the Public Service C om m ission, Police Force and P riso n s Service Com m ission or any mem ber o f either such Com m ission; or (b) between any member or officer o f the Commission and the Chairman thereof; or (c) between any member or officers o f the Commission, in exercise of, or in connection with the exercise of, the functions o f the Commission, unless the Chairman o f the Commission consents in writing to such production or disclosure. 339 No. 2 Offence to influence hr attempt to influence C om m is sion O ffen ce o f false inform a tion to the C om m is sion Interpreta tion o f “C om m is sion” in sections 14 and 15 U nautho rized disclosu re o f inform a tion prohibited Judicial Sen>ice 2005 - 14 Verify source ↗
Without prejudice to the provisions o f any other law, any person
AI-assisted research summary: A person must not try to influence a Commission decision, except for certificates/testimonials or information given at the Commission’s request.
14. Without prejudice to the provisions o f any other law, any person who otherwise than in the course of his duty directly or indirectly by himself or by any other person, in any manner whatsoever, influences or attempts to influence any decision of the Commission shall be guilty of an offence and on conviction shall be liable to a fine o f not less than one hundred thousand shillings but not exceeding two hundred thousand shillings or to imprisonment for two years. Provided that, nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any office or from supplying any information or assistance at the request of the Commission. - 15 Verify source ↗
Without prejudice to the provisions of any other law, any person
AI-assisted research summary: A person must not willfully give the Commission false or incomplete information in connection with the Commission’s functions or duties.
15. Without prejudice to the provisions of any other law, any person who in connection with the exercise by the Commission o f its functions or duties willfully gives to the Commission any information which he knows to be false or does not believe to be true, or which he knows to be false by reason o f the omission of any particular material, shall be guilty of an offence and on conviction shall be liable to a fine o f not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of two years or to both. - 16 Verify source ↗
For the purposes of sections 14 and 15, the term "Commission'
AI-assisted research summary: For sections 14 and 15, “Commission” includes the Commission itself and related members, officers, committees, the Secretary, and assistants appointed to help it.
16. For the purposes of sections 14 and 15, the term "Commission' shall include the Com m ission, any member of the Com m ission, Secretary, any Committee o f the Commission, any officer o f the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions or duties. - 17 Verify source ↗
(1) No member of the Commission, nor any officer o f the
AI-assisted research summary: Commission members, Commission officers, and other persons must not disclose covered information without the Chairman’s written permission, except when acting in official functions.
17.-(1) No member of the Commission, nor any officer o f the Commission, or any other person, shall, without the written permission of the Chairman o f the Commission, publish or disclose to any person otherwise than in exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties in relation to the Commission: and any person who knowingly acts in contravention o f the provisions o f this subsection, shall be guilty o f an offence, and on conviction shall be liable to a fine of not less than fifty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term of twelve months or to both. 340 No. 2 Judicial Service 2005 (2) Any person who knows o f any inform ation which to his knowledge has been disclosed in contravention of the provisions of subsection (1) o f this section and who publishes or communicates it to any other person otherwise than for the purpose o f any prosecution under this Act or in the course of his official duty, shall be guilty of an offence and on conviction shall be liable to a fine of not less than fifty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term of twelve months or to both. - 18 Verify source ↗
Any prosecution in respect of any offence under this Part of this
AI-assisted research summary: A prosecution for an offence under this Part cannot be started unless the Director of Public Prosecutions consents.
18. Any prosecution in respect of any offence under this Part of this Act shall not be instituted except with the consent of the Director of Public Prosecutions. Prosecu tions P r o v i s i o n s R e l a t i n g t o t h e F u n c t i o n s o f t h e P r e s i d e n t PART IV
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