The Judiciary Administration (General) Regulations, 2021
An employee must uphold the integrity and independence of the Judiciary, follow high standards of conduct, and not use the prestige of office to advance private interests.
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- Tanzania
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- Regulation
- Citation
- The Judiciary Administration (General) Regulations, 2021
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- en
- Official source
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About this statute
An employee must uphold the integrity and independence of the Judiciary, follow high standards of conduct, and not use the prestige of office to advance private interests. An employee must do assigned work diligently and properly carry out court orders and rules without exceeding authority. An employee must not do anything that could call their propriety into question when doing office duties, and must not let family, social, or other relationships affect their conduct or decisions. Employees must not use the prestige of office for private benefit or to advance private interests, and must follow prescribed standards when performing their duties. An employee must perform office responsibilities diligently and in a prompt, efficient, non-discriminatory, fair, and professional manner.
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Provisions of The Judiciary Administration (General) Regulations, 2021
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- 1
An employee must uphold the integrity and independence of the Judiciary, follow high standards of conduct, and not use the prestige of office to advance private interests.
1. An employee shall uphold the integrity and independence of the Judiciary. An independent and honorable judiciary is indispensable to justice in 92 GN. No. 01 (contd.) independence of the Judiciary while performing court duties Carrying out duties faithfully Avoiding impropriety or appearance of impropriety in all activities Not lend the prestige of one’s office to advance private interest Judiciary Administration (General) our society. An employee shall personally observe high standards of conduct so that the integrity and independence of the Judiciary are preserved and the employee’s office reflects a devotion to serving the public. - 2
An employee must do assigned work diligently and properly carry out court orders and rules without exceeding authority.
2. An employee shall faithfully carry out all appropriately assigned duties striving at all times to perform the work diligently, efficiently, equitably, thoroughly, courteously, honestly, truthfully, and with transparency and he shall properly carry out issued court orders and rules, not exceeding his authority. - 3 Verify source ↗
Citation
An employee must not do anything that could call their propriety into question when doing office duties, and must not let family, social, or other relationships affect their conduct or decisions.
3. An employee shall not engage in any activity that would put into question his propriety in carrying out the duties of his office and he shall not allow family, social, or other relationships to influence his conduct and decision. - 4
Employees must not use the prestige of office for private benefit or to advance private interests, and must follow prescribed standards when performing their duties.
4.-(1) An employee shall not lend the prestige of the office to advance or to appear to advance the private interests of themselves or others or use it for his private gain. (2) An employee shall, in performing the duties prescribed by law, the Scheme of Service or assigned to by his employer, apply or comply with the following standards: (a) an employee shall respect and comply with the law and this code; (b) an employee shall be faithful to professional standards and maintain competence in the employee’s profession; and (c) an employee shall refrain from publicly endorsing any product or service in their official capacity, including through social media. Fairness - 5
An employee must perform office responsibilities diligently and in a prompt, efficient, non-discriminatory, fair, and professional manner.
5. An employee shall diligently discharge the responsibilities of the office in a prompt, efficient, non discriminatory, fair and professional manner. Respect for others - 6 Verify source ↗
Chief Court Administrator
An employee must be patient, dignified, respectful, and courteous when dealing with people in an official capacity, including the public, and must require the same conduct from supervised personnel.
6. An employee shall be patient, dignified, respectful, and courteous to all persons with whom the employee deals in an official capacity, including the public, and shall require similar conduct of personnel subject to the employee’s direction and control. Involvement in actions before a Court - 7
An employee must tell the appointing authority about any circumstances or activities that could be a basis for disqualifying the staff member or the judge in a court matter.
7. An employee shall inform the appointing authority of any circumstances or activity of the staff member that might serve as a basis for disqualification of either the staff member or the judge, in a matter pending before the court. Avoiding - 8
An employee must not interfere with court case assignments or use discretionary court management in a way that improperly favors anyone, and must not suggest they can do so.
8. An employee shall never influence the assignment of cases, or perform any discretionary managerial function of the court in a manner that 93 Judiciary Administration (General) GN. No. 01 (contd.) privilege improperly favours any litigant or state attorney or advocate, or staff and he shall not imply that he is in a position to do so. Assisting litigants - 9 Verify source ↗
Powers of appointing authorities
Employees must provide accurate information when authorized or when their duties require it, and they may help with forms and share certain employment-record information.
9. An employee shall provide accurate information to internal and external customers based on record when authorised or the office duties requires them to do so, and in so doing employees are authorized to do the following: (a) provide information about available forms/pleadings/instructions without providing advice or recommendations as to any specific course of action; (b) engage in oral communications to assist persons in the completion of blanks on forms; or (c) provide the employee particulars, or copies of letters, salary slip or anything in that regard, related to his personal employment record. PERFORMING DUTIES OF POSITION IMPARTIALLY AND DILIGENTLY Independent judgment and conflict of interest - 10 Verify source ↗
Notification of vacancies where appointing authority is the Commission
Employees must avoid conflicts of interest when performing official duties.
10. An employee shall avoid conflicts of interest in the performance of official duties. A conflict of interest arises when an employee knows that he or she (or the spouse, minor child residing in the employee’s household, or other close relative of the employee) might be so personally or financially affected by a matter that a reasonable person with knowledge of the relevant facts would question the employee’s ability to properly perform official duties in an impartial manner. Prohibition personal interest - 11 Verify source ↗
Advertisement
Certain employees must not perform official duties in a matter when they know there is a conflict of interest or related bias, financial interest, party relationship, lawyer role, affected interest, or witness role.
11. Certain employees, because of their direct relationship to a judicial officer or the nature of their duties, shall not perform any official duties in any matter with respect to which such person knows that: (a) he has a personal bias or prejudice concerning a party, or personal the facts concerning knowledge of disputed evidentiary proceeding; (b) he, individually or as a fiduciary, or the spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or is a party to the proceeding; or (c) he, a spouse, or a person related either within the third degree of relationship, or the spouse of such person: (i) is a party to the proceeding, or an officer, director, or trustee of a party; (ii) is acting as a lawyer in the proceeding; (iii) has an interest that could be substantially affected by the outcome of the proceeding; or (iv) is likely to be a material witness in the proceeding. 94 GN. No. 01 (contd.) Personal relationships Misconduct Maintenance records Confidentiality Judiciary Administration (General) - 12 Verify source ↗
Selection of candidates
An employee must not engage in nepotism, must promptly report a possible conflict of interest to the appointing authority or immediate supervisor, and must follow any restrictions imposed.
12. An employee shall not engage in nepotism prohibited by law and when he knows that a conflict of interest may be presented, he shall promptly inform his appointing authority or immediate supervisor who after determining that a conflict or the appearance of a conflict of interest exists, shall- (a) take appropriate steps to restrict the employee’s performance of official duties in such matter so as to avoid a conflict; or the appearance of a conflict of interest; or (b) relieve him the assignment, such employee shall observe any restrictions imposed by his appointing authority or immediate supervisor in this regard. - 13 Verify source ↗
Date of first appointment and personal records
An employee must expect colleagues to follow the code and must report violations to the appropriate authority.
13. An employee shall expect fellow professionals to abide by the rules set out in the code and he shall report to the appropriate authority the behavior of any employee who violates this Code including, but not limited to, potential conflicts of interest involving one’s duties and attempts to inappropriately influence one in performing one’s duties. - 14 Verify source ↗
Changes in family status or permanent residence
An employee must not falsify records or reports, or intentionally delete or alter information, for records within the Judiciary’s or court’s control.
14. An employee shall not falsify records or reports or intentionally delete or alter information: this includes, but is not limited to, inappropriately destroying, altering, falsifying, mutilating, backdating, or failing to make required entries on any records within the Judiciary’s or court’s control. - 15 Verify source ↗
Seniority of employees
Every employee must keep confidential information secret and maintain discretion.
15. take special care Every employee shall the confidentiality of all information which has confidentiality including but not limited to preliminary disposition, legal or administrative opinion, pending court decisions, legal research performed by law library staff, administrative matters such as pending budget any court record or personal records which is not a matter of public. to preserve Maintain discretion - 16 Verify source ↗
Determination of age
An employee must not publicly comment on the merits of a pending or impending action and must require the same restraint from personnel under their direction and control.
16. An employee shall avoid making public comment on the merits of a pending or impending action and shall require similar restraint by personnel subject to his direction and control. Proper use of public resources Practice of law - 17 Verify source ↗
Appointment of Employment Advisory Committee
An employee must use the resources, property, and funds under their official control carefully and according to prescribed procedures.
17. An employee shall use the resources, property, and funds under one’s official control judiciously and in accordance with prescribed procedures. - 18 Verify source ↗
Appointment of other committees by the Commission
An employee meeting the stated qualifications must not engage in the practice of law.
18. An employee who is otherwise qualified to practice law as an advocate of the High Court of Tanzania and subordinate courts thereto or who has basic knowledge or experiences to perform functions of a practicing advocate, shall not engage in the practice of law. 95 GN. No. 01 (contd.) Judiciary Administration (General) REFRAINING FROM INAPPROPRIATE POLITICAL ACTIVITY Right to vote - 19 Verify source ↗
Establishment of disciplinary committees per court level
An employee has the right to vote, and should exercise that right as part of citizenship.
19. An employee retains the right to vote and is encouraged to exercise it as a part of citizenship. Refraining from Inappropriate political activity - 20 Verify source ↗
Transportation and daily allowance on first appointment
A non judicial officer may take part in political activity, but only if it does not reflect badly on the court or office and does not interfere with official duties.
20. A non judicial officer may engage in political activity: Provided that such activity does not tend to reflect adversely on the dignity or the impartiality of the court or office and does not interfere with the proper performance of official duties. Use of position to influence - 21 Verify source ↗
Probationary period
Employees must not use their position or title in the court system to influence others, and must follow the service’s core values.
21. An employee shall not use one’s position or title within the court system to influence others. ________ FIFTH SCHEDULE ________ (Made under regulation 95 (1)) ________ CORE VALUES OF T HE SERVICE Subject to the Core values of the Public Service, every employee shall observe and promote the following values of the Service: (a) Integrity: every employee shall demonstrate ethical behaviour by being honest and loyal in delivering services to clients and citizens; (b) Impartiality: every employee shall treat all users of the Judicial Services equitably, provide non-partisan and respectful services; (c) Team spirit: every employee shall cooperate and collaborate with each other and with stakeholders to create synergy and achieve our shared goals; (d) Accountability and transparency: every employee while safeguarding the independence of the Judiciary, shall be accountable and render services in a transparent manner; and (e) Professionalism: every employee shall discharge his duties efficiently, effectively and competently. Dar es Salaam, 14th December, 2020 IBRAHIM HAMIS JUMA, Chairman of the Commission 96
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