THE JUDICATURE AND APPLICATION OF LAWS (TRANSFER AND MANAGEMENT OF CASES ASSIGNED TO MAGISTRATES WITH EXTENDED JURISDICTION) RULES, 2023

3. Interpretation. PART II MANAGEMENT OF CASES

9. Appeals and other matters. 1 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.)

12. Place of sitting. PART III APPLICATIONS

4.-(1) The transfer of any matter from the High Court to a magistrate shall be by way of a transfer order made, 3 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) signed and dated by a Judge in-charge. (2) The transfer order under sub-rule (1) shall be made- jurisdiction, after (a) in a criminal case triable by the High Court in its original is committed for trial, but before a plea is taken; and (b) in any other case, when the record is complete, but before the High Court commences hearing of the matter to be transferred. the accused Register and custody Functions of Registrar (3) The transfer order under this rule shall specify- (a) particulars of the case to be transferred; (b) the name of the magistrate to whom the matter is transferred; and (c) the name of the court of a resident magistrate where the matter transferred will be heard. (4) The transfer order under this rule shall be substantially in Form A set out in the First Schedule to these Rules.

5.-(1) There shall be such number of registers in which the particulars of matters transferred to the magistrate shall be entered. (2) The registrar shall be the custodian of the registers under this rule. (3) There shall be a seal of the court presided over by a magistrate as set out in the Second Schedule to these Rules which shall be under the custody of the registrar.

6.-(1) The Registrar shall perform all functions in relation to matters transferred to the magistrate as if such matters were before the High Court. (2) Without prejudice to the generality of subrule (1), the Registrar shall perform the following functions- (a) preparation of cause list where necessary; (b) taxation of bill of costs; (c) execution of decrees and orders; (d) preparation of returns; (e) updating case status in the case management system and registers; 4 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) (f) endorsement of documents; and (g) to be the ultimate custodian of court records. Registration after transfer order

7.-(1) After a transfer order has been issued, the registrar shall enter particulars of the matter transferred in the register under these Rules and cause the record to be transmitted to the magistrate. (2) Without prejudice to the generality of this rule, particulars to be entered in the register shall include- (a) a number of the case assigned to the transferred matter; (b) particulars of the parties; (c) the High Court case number; (d) the original or committal case number; (e) the name of magistrate assigned; (f) the date of the transfer order; and (g) the verdict and date thereof. Plea taking and trials Appeals and other matters

8.-(1) Subject to the provisions of these Rules, the magistrate to whom a case has been assigned, shall take a plea immediately after the transfer. (2) Upon taking a plea under sub rule (1), the magistrate shall conduct a trial to its finality on a date to be fixed by the Registrar or any date thereafter.

9.-(1) Subject to the provisions of these Rules, the magistrate to whom an appeal or any other matter has been assigned, shall conduct a hearing immediately after the transfer. (2) Upon receipt of the transfer order and the record of appeal or any other matter referred to under subrule (1), the magistrate shall fix a hearing date and on the date so fixed, conduct the hearing continuously to its finality or, for reasons to be recorded, adjourn it to another date. Inability to conclude trial

10.-(1) Where the magistrate is unable to proceed with the trial or hearing of the appeal or any other matter due to death, illness or any other good cause, the Judge in-charge shall by an order signed by him, re-assign the matter to another magistrate for continuation of its hearing. 5 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) (2) The magistrate taking over the proceedings under this rule, shall record reasons for taking over and inform the parties accordingly. (3) The re-assignment order under this rule shall be substantially in Form B set out in the First Schedule to these Rules. Re-calling of transferred case

11. The Judge in-charge may, for exceptional reasons to be recorded, re-call the case transferred to the magistrate- (a) in case of the criminal trial, before plaa taking; and (b) in any other matter, before commencement of hearing, and in such case, the matter shall proceed before the High Court. Place of sitting

12.-(1) The magistrate shall sit at the place where the court named in the transfer order ordinarily sits. (2) Notwithstanding the provisions of subrule (1), the magistrate may sit at any other place within the jurisdiction of the court mentioned in the transfer order upon prior consent of the Judge in-charge and the parties shall be notified of such place of sitting. PART III APPLICATIONS Place of filing of applications

14. Hearing of applications. PART IV MISCELLANEOUS PROVISIONS

13.-(1) Application from matters transferred to a magistrate, whether filed when the matter transferred is pending or after its determination, shall be filed before the High Court. arising (2) Upon admission of the application filed under subrule (1), the Judge in-charge shall issue a transfer order of an application which shall be substantially in Form C set out in the First Schedule to these Rules. (3) Notwithstanding the provisions of these Rules and subject to the provisions of any other law, an application for taxation of bill of costs and execution of matters arising in exercise of the extended jurisdiction 6 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) shall be heard by the Registrar. in (4) Nothing the magistrate to determine and enforce payment of costs ordered the proceedings. this rule shall prevent to be paid during the pendency of Hearing of applications

14. Subject to the provisions of these Rules or any other law, an application arising from any matter determined by a magistrate shall be heard by a magistrate who presided over the matter or any other magistrate to be assigned. PART IV MISCELLANEOUS PROVISIONS Place of lodging notice of appeal Cap. 141

16. Issuance of record of appeal, copy of proceedings and certificate of delay.

17. Expenses. ______ SCHEDULES ______ 2 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) THE JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) _______ RULES _______ (Made under section 4) THE JUDICATURE AND APPLICATION OF LAWS (TRANSFER AND MANAGEMENT OF CASES ASSIGNED TO MAGISTRATES WITH EXTENDED JURISDICTION) RULES, 2023 PART I PRELIMINARY PROVISIONS Citation

15. Subject to the provisions of the Appellate Jurisdiction Act or any other law, a notice of appeal against the decision of the subordinate court exercising extended powers shall be lodged in the High Court. Issuance of record of appeal, copy of proceedings and certificate of delay Cap 141 Expenses

16. Subject to the provisions of the Appellate Jurisdiction Act or any other law, the Registrar shall prepare, issue and transmit record of appeal, copy of proceedings and certificate of delay in relation to matters arising from the decision of the magistrate.

17. Subject to the provisions of any law, expenses for conducting proceedings of matters before the magistrate shall be borne by the High Court. 7 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) FORM A ________ FIRST SCHEDULE ________ (Made under rule 4(4), 10(3) and 13(2)) (Made under rule 4(4) UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA AT……………………. TRANSFER ORDER Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal/Revision Application/ (or any other matter) ……………… No……of 20.… (insert the High Court case type and number to be transferred to the resident magistrate with extended jurisdiction) Original Committal Case /Criminal Case/Civil Case (or any other original matter) ……………… No…...of 20.... (insert the subordinate court case type and number from which the High Court Case to be transferred originates) of the District Court/Court of the Resident Magistrate of……...At………. (Insert the subordinate court name from which the High Court Case to be transferred originates) ………………………. REPUBLIC/APPELLANT/APPLICANT VERSUS ……………………...ACCUSED/RESPONDENT (Insert particulars of the parties to the High Court case to be transferred) TRANSFER ORDER (Under section…. of…….) (Insert the section of the Act of the Parliament permitting the transfer of a case to a resident magistrate with extended jurisdiction) It is ordered that Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal/Revision Application/ (or any other matter) No………… of 20….. between………………and……….…. originating from the decision of………. (insert the name of the magistrate whose decision is challenged) in ………………... (insert particulars of original case) of……………. (insert particulars of original court) is transferred to be heard and determined by……………………., a resident magistrate with extended jurisdiction. It is further ordered that the hearing of the said matter shall be conducted at the Court of Resident Magistrate of……….………………. …………………….. Judge in-charge …. day of……………20.…. 8 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) FORM B (Made under rule 10(3)) UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA AT…………………… RE-ASSIGNEMENT ORDER Extended Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal/Revision Application/ (or any other matter) No……of 20.… (insert the extended case number) Original Committal Case /Criminal Case/Civil Case (or any other original matter)……………… No…...of 20.... (insert the subordinate court case type and number from which the High Court Case to be re-assigned originates) of the District Court/Court of the Resident Magistrate of……..at………. (insert the subordinate court name from which the High Court Case to be re-assigned originates) ………………………. REPUBLIC/APPELLANT/APPLICANT VERSUS ……………………...ACCUSED/RESPONDENT (insert particulars of the parties to be reassigned) RE-ASSIGNMENT ORDER (Under section…… of…….) (insert the section of the Act of the Parliament permitting the reassignment of a case to a resident magistrate) It is ordered that Extended Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal/Revision Application/ 20….. between………………and……….…. initially before……………(insert the name of the previous magistrate who could not conclude the hearing) is re-assigned to be heard by……………………., a resident magistrate with extended jurisdiction. other matter) No………… any (or of It is further ordered that the hearing of the said matter shall be conducted at the Court of Resident Magistrate of……….………. …………………….. Judge in-charge …. day of……………20.…. 9 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) FORM C (Made under rule 13(2)) UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA AT…………………… TRANSFER ORDER FOR AN APPLICATION Criminal/Civil Application No……of 20.… (insert the High Court application number to be transferred to the resident magistrate with extended jurisdiction) Arising from Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal (or any other transferable matter) No…...of 20.... (insert the original High Court case number or original number of the case transferred to the magistrate with extended jurisdiction) of the High Court/court of resident magistrate of …………...At…………. ………………………. APPLICANT VERSUS ……………………...RESPONDENT (Insert particulars of the parties to the application to be transferred) TRANSFER ORDER (Under rule 13(2)) of the Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) Rules, 2022). It is ordered that Criminal/Civil Application No………… of 20…... between………………and……….…. originating from Criminal Sessions Case/Criminal Appeal/Civil Appeal/Land Appeal (or any other transferable matter) No…...of 20.... (insert the original High Court case number or original number of the case transferred to the magistrate with extended jurisdiction) of the High Court/court of resident magistrate of …………...at………….is transferred to be heard and determined by……………………., a resident magistrate with extended jurisdiction. It is further ordered that the hearing and determination of the said application shall be conducted at the Court of Resident Magistrate of……….………………. …………………….. Judge in-charge …. day of……………20.…. 10 Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) GN. NO.11 (Contd.) _________ SECOND SCHEDULE ________ (Made under rule 5(3)) COURT SEAL Dar es salaam, 9th January, 2023 IBRAHIM HAMIS JUMA, Chief Justice 11

1. These Rules may be cited as the Judicature and Application of Laws (Transfer and Management of Cases Assigned to Magistrates with Extended Jurisdiction) Rules, 2023. Application

2. These Rules shall apply to regulate the transfer of cases by the High Court to a magistrate and management of such cases. Interpretation

3. In these Rules, unless the context otherwise Cap. 237 requires- “Judge in-charge” has the meaning ascribed to it by the Judiciary Administration Act, and includes an Acting Judge in-charge; “magistrate” means a resident magistrate with extended jurisdiction; and “Registrar” means the Registrar of the High Court, Deputy Registrar and Acting Deputy Registrar. PART II MANAGEMENT OF CASES Transfer order