The Judiciary Administration (Service Scheme), 2021

This section lists topics and headings for administration of the service, including citation, application, interpretation, the Chief Justice, the Commission, and various administrative powers.

This section is about how the Commission meets and makes decisions.

The Commission may require attendance.

This section is headed “Secretariat of the Commission” and refers to service terms, appointing authorities, and persons who must not be appointed in the Service.

The Commission must conduct business in a properly convened meeting. The Secretary must prepare an agenda and circulate papers before the meeting, and a dissenting member’s reasons must be kept on record.

This section is titled “Determination of terms and conditions of Service.”

This section concerns qualifications for appointment and promotion.

This section is titled “Accountability of employees of the Service.”

This section is titled “Working relationship with other authorities.”

This section heading indicates topics about constituting and abolishing posts, complaints about appointments or recruitments, communication within and outside the Service, and the relationship between an employee and a supervisor.

The Commission must determine employees’ service terms, and those terms must be signed by the Chief Justice and published in the Gazette.

This provision sets out the service terms referred to in paragraph 18 and says they may be changed by special terms in an employee’s agreement, contract, or letter of appointment.

Appointments in the Service must follow the listed laws, regulations, schemes, standing orders, and government directives. Qualifications are mentioned for appointment and promotion.

People generally cannot be appointed or promoted to the Service unless they are citizens of the United Republic and meet the stated qualifications. If a non-citizen is to be employed, the appointing authority must notify the Permanent Secretary (Establishment), who must forward the proposal to the Chief Secretary for approval.

People with certain misconduct or records, and people of unsound mind, cannot be appointed or reappointed to Service posts unless the Chief Secretary approves reappointment in the specific case.

Appointments in the Service must not be made unless there is provision for them in that year’s estimates, the posts have been properly created, and any increase above the authorized establishment has prior approval from the Permanent Secretary (Establishments).

The Commission has ultimate responsibility for appointments.

Appointments in the Service must follow merit-based, fair, open, and non-discriminatory selection principles.

The Chief Court Administrator must notify the Commission about vacancies in the Service that need to be filled.

The Commission may constitute, abolish, upgrade, or downgrade posts, but those actions need approval by the Permanent Secretary (Establishments).

A dissatisfied candidate may appeal to the Commission within 14 days, and the Commission must consider the appeal. Recruitment competition records must be fully documented and kept for at least 6 months after the recruitment ends.

Employees in the Service must follow a hierarchy of accountability, and each employee remains responsible for their own performance and actions.

Employees must follow laws, directives, and lawful instructions, respect and cooperate with colleagues and supervisors, and can seek recognition, dignity, and information about service issues.

The Commission must be independent and work cooperatively with government authorities and other public organizations.

Communications within the Service must follow the prescribed procedures.

This section concerns disclosure of information to a third party.

This section is about gifts and other benefits, and protection of property and interests, in the recruitment and promotion part of the law.

Section 40 is headed “Personal Records” in the Judiciary Administration (Service Scheme).

This section is a list of topics and headings, including references, medical examination, probation period, induction and orientation, and remuneration-related items.

The Chief Court Administrator must advise the Commission on changes to staff employment and working hours.

An employee must not disclose information learned in the course of office functions, unless disclosure is necessary for those functions, for compliance with the Act or other written law, or for a court order.

Employees must protect the employer’s interests, avoid damaging office property or reputation, and avoid conduct that could bring the office into disrepute.

Employees and their immediate family members must not accept or ask for gifts, payments, or entertainment, except normal occasional social business meals or drinks.

Heading only: “Guarantee for loans,” followed by part headings on termination of appointment and disciplinary matters.

The Service must operate and translate its remuneration policy in line with the Judiciary’s Salary Scale Scheme.

Employees of the Service must have monthly salaries stated before statutory deductions, and staff salaries must be paid monthly in Tanzania Shillings.

The section requires certain deductions to be taken from an employee’s salary, allows some voluntary deductions only with the employee’s written authority, and limits deductions to one third of gross salary.

The Commission sets the salary rate, salary ranges, and benefit proposals for positions, and forwards salary-range and benefit proposals to the President for approval.

Salary reviews must be approved by the Commission on recommendation from the Chief Court Administrator, who must also compile the Service’s total revenue and operating costs during the annual salary review process.

An employee who is required to work beyond official working hours, and whose extra work is approved by a sub-warrant holder, is entitled to a long working hours allowance at a rate set by the Commission.

Court administrators, head of departments and units must approve Extra Duty Payment work before it is carried out, and employees claiming the payment must complete a special form.

Employee expenses for work duties, such as travel or hotel costs, must be reimbursed at approved levels when an authorized, receipt-supported claim is submitted.

An employee working outside their duty station is entitled to a daily allowance, at rates set by the Commission.

The Commission may provide welfare cover for employees, and permanent employees are entitled to benefits approved by the Commission.

Employees are entitled to 28 days of annual leave each year, and they must use the leave application process; if leave is denied, the employer must pay a month’s salary in lieu.

An employee is entitled to public or statutory holidays, or non-working days, with full pay.

Absence due to illness must be reported to the immediate supervisor as soon as possible, and continuous sick absence of three days or more requires a medical certificate from a public medical practitioner.

Compassionate leave may be granted by the Chief Court Administrator, or under regulations, for exceptional reasons such as bereavement of a family member.

Other leave and related incidental matters are to be set by the Judiciary Administration (General) Regulations, 2020.

Employees who miss work for more than five consecutive working days without notifying anyone may be treated as deserting their job and face disciplinary action, including possible termination.

The Service is to guarantee employee loans from financial institutions, but only up to the employee’s salary and terminal benefit.

Section 66 is titled “Integrity of an employee” and “Confidentiality” under Part IX on performance appraisal.

This section says employee appointment termination can happen for several listed reasons, and any recommendation for removal in the public interest must be made by the Commission.

Employees must follow the listed rules and codes, must not act illegally or improperly, and must report certain breaches or conscience issues to a supervisor or designated officials.

Employee appeals and the authorities that hear them are to be handled as provided in the Act.

Every employee must serve with professionalism, wisdom, and integrity.

An employee must not disclose official information received confidentially, unless permitted by the Chief Court Administrator or the Chief Registrar.

This section is titled “Purpose of performance evaluation” and sits under the Judiciary Administration (Service Scheme), Part X Staff Development.

Open Performance Appraisal Review must be used to measure employee performance, and the Chief Court Administrator and Chief Registrar must periodically ensure it is conducted for all employees.

This section is titled “Staff training and development” and appears under the general provisions part.

The Chief Court Administrator must prepare a training policy and training programme for the Service, and the Commission may approve or support related employee attachments. The Service may provide training to trainees from other institutions where appropriate.

This source only shows the heading for section 74 and the instrument title, not the actual rule text.

Employer and employee must keep employment records for calculating terminal benefits.

The Chief Court Administrator and Chief Registrar must set up a complaints-handling mechanism and handle grievances at every court level.

Employers must take reasonable precautions to maintain occupational safety standards, and employees must also take reasonable precautions to protect their own health.

Employees with the Service must be represented through the Workers’ Council when negotiating or আলোচনা with the employer about employment welfare matters.

The Chief Court Administrator must protect and support employees living with HIV/AIDS, including accommodation, confidentiality, and annual budgeting for nutritional assistance.

The Judiciary of Tanzania must have a flag and emblem, and the Commission may direct how the flag is hoisted.

This Scheme may be cited as the Judiciary Administration (Service Scheme), 2021.

This section says the Scheme applies to all employees, especially employees serving under the Service, who must follow the Scheme and related instructions issued from time to time.

This section says the Scheme must be interpreted using specified Tanzanian laws and defines key terms used in the Scheme.

The Chief Justice must oversee implementation of the Scheme and the Service policies, and the Commission must ensure the Scheme and Service policies are effectively implemented.

The Commission is the appointing and disciplinary authority for most employees, and the Secretary must help carry out appointments, confirmation, promotion, and discipline in the Service.

The Chief Court Administrator is the Service’s chief executive and must oversee employee administration, provide leadership, and ensure necessary working facilities are available and accessible.

The Chief Registrar has powers to advise on appointments, assess promotion suitability, start disciplinary investigations, and advise the Jaji Kiongozi or Chief Justice on disciplinary matters.

This section assigns transfer authority for judges, other employees, and some internal transfers, and says transfer powers must be exercised only with budget, efficiency, and public interest in mind.

Certain service officers must supervise employees, manage resources, and follow relevant laws and directives.

Correspondence to the Commission must be addressed to the Secretary, and correspondence from the Commission must be signed by the Secretary or another person appointed under the Act.

An employee of the Service may be required, through the Chief Court Administrator, to attend and give information before the Commission.

A person must not try to influence a Commission decision except when acting in the course of duty.

The Commission’s functions and powers are whatever the Constitution of Tanzania and the Act provide.

The Commission may delegate its functions, but only subject to section 33 of the Act.

The Commission must have a secretariat made up of employees who assist the Secretary.

The Service must recruit the most appropriate available candidate and not base recruitment on race, colour, marital status, tribe, religion, gender, or physical disabilities.

The Chief Court Administrator is responsible for deciding whether there is a vacancy in the Service, and the head of departments may be consulted before the Commission decides to recruit.

Vacancies must be advertised, interviews organized through a formal selection process, and successful candidates submitted for approval and placement.

After a candidate is selected, the employing authority must issue a letter of appointment, and the candidate must be given time to accept the offer.

When engaged, an employee must complete a prescribed Personal Record Form.

The Commission should try to obtain character references for an employee from referees or past employers.

Candidates, including temporary hires, must undergo a medical examination at a public medical facility, and the employing authority must keep the medical results confidential.

This section sets probation lengths for two employee groups and requires end-of-probation review, recommendation, and a confirmation/termination letter.

The employer must provide an induction course to new employees.