THE DISTRICT LAND AND HOUSING TRIBUNALS CODE OF CONDUCT, 2016
These codes may be cited by name, come into force on publication, and apply to chairmen of District Land and Housing Tribunals in mainland Tanzania.
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- THE DISTRICT LAND AND HOUSING TRIBUNALS CODE OF CONDUCT, 2016
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These codes may be cited by name, come into force on publication, and apply to chairmen of District Land and Housing Tribunals in mainland Tanzania. This section defines key terms used in the Codes, including Act, Chairman, Impartiality, Impropriety, Independence, Integrity, Tribunal, and Registrar. The tribunal chairman must wear specified formal clothing while performing official duties and must ensure supporting staff and assessors dress properly as directed by the relevant authorities. The Chairman must follow the law, keep proceedings orderly and decorous, treat people politely, allow hearings as required by law, follow the Registrar’s directives, and not prepare court papers or give legal advice. The Chairman must decide disputes fairly, stay impartial, be patient and courteous in tribunal proceedings, and must not use undue influence to push settlement or concessions.
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Provisions of THE DISTRICT LAND AND HOUSING TRIBUNALS CODE OF CONDUCT, 2016
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(1) These codes may be cited as the Codes of
AI-assisted research summary: These codes may be cited by name, come into force on publication, and apply to chairmen of District Land and Housing Tribunals in mainland Tanzania.
1.-(1) These codes may be cited as the Codes of Conduct for Chairmen of District Land and Housing Tribunals, 2016; and shall come into force on the date of publication. (2) These codes shall apply to chairmen of in mainland District Land and Housing Tribunal Tanzania. Interpretation - 2 Verify source ↗
In these Codes
AI-assisted research summary: This section defines key terms used in the Codes, including Act, Chairman, Impartiality, Impropriety, Independence, Integrity, Tribunal, and Registrar.
2. In these Codes- Cap 216 “Act” means the Land Disputes Courts Act; “Chairman” means a chairman of the District Land and Housing Tribunal appointed under Section 25 of the Act; “Impartiality” means absence of bias or prejudice in favor of or against particular parties or classes of parties as well as maintenance of an open mind in considering issues that may come before him/her; “Impropriety” includes conducts that violates the law, court rules or provisions of this Code and conduct that undermines independence, integrity or impartiality; the chairman’s “Independence” means the Chairman’s freedom from influence or controls other than those established by the laws; “Integrity” means fairness, honest, uprightness and 2 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) Cap.216 soundness of mind and character; “Tribunal” means the District Land and Housing Tribunal established under Section 22 of the Courts Act; “Registrar” means the Registrar or the Deputy Registrar of the High Court (Land Division) and includes the Registrar or Assistant Registrar of the District Land and Housing Tribunal. PART II RULES Dress code
Part
PART II
- 3 Verify source ↗
The chairman of the tribunal shall, while in all
AI-assisted research summary: The tribunal chairman must wear specified formal clothing while performing official duties and must ensure supporting staff and assessors dress properly as directed by the relevant authorities.
3. The chairman of the tribunal shall, while in all his /her official duties, be dressed in a black suite, white shirt and black shoes and shall require the supporting staff and assessors under him to dress properly as shall be directed by the relevant authorities. Compliance with the Law - 4 Verify source ↗
(1) For the purpose of compliance with the
AI-assisted research summary: The Chairman must follow the law, keep proceedings orderly and decorous, treat people politely, allow hearings as required by law, follow the Registrar’s directives, and not prepare court papers or give legal advice.
4.-(1) For the purpose of compliance with the Law, Chairman shall- (a) act according to the law and avoid all acts of such impropriety professional competence as provided for by the law so as to achieve a proper and smooth administration of justice; shall maintain and (b) maintain order and decorum in all proceedings before him; (c) be patient, dignified and courteous to all litigants, assessors, advocates and all people who appear before him and in all cases, his language shall always be polite, accompanied by principles of customer care and he/she shall require the supporting staff and other people under him to act in the same manner; (d) accord any person who appear before him the right to be heard according to the law and except as otherwise authorized by law, he 3 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) Impartiality and fairness Transparency and the conduct of the tribunal shall neither initiate nor consider any matter ex parte; (e) always adhere to directives issued by Registrar and act accordingly; and (f) refrain from drafting court documents or pleadings or giving legal advice to any person. - 5 Verify source ↗
The Chairman shall
AI-assisted research summary: The Chairman must decide disputes fairly, stay impartial, be patient and courteous in tribunal proceedings, and must not use undue influence to push settlement or concessions.
5. The Chairman shall- (a) resolve disputes by making findings of fact and applying the appropriate law in a fair hearing, which includes the duty to: (i) observe the letters and spirit of the law; (ii) remain manifestly impartial; (b) in conducting tribunal proceedings, remain patient and courteous to legal practitioners, parties and the public and require them to act likewise; and (c) not apply undue influence in order to promote a settlement or obtain a concession from any party. - 6 Verify source ↗
The Chairman shall
AI-assisted research summary: The Chairman must improve accessibility and public understanding of Tribunal proceedings, hold proceedings in open session unless special circumstances require otherwise, give written decisions to all parties and explain the reasons, set proper boundaries with subordinates, and not abuse the position for personal, sexual, or financial gain.
6. The Chairman shall- (a) take reasonable the steps accessibility of the tribunal and to improve public the Tribunal proceedings; understanding ensure of to (b) unless special circumstances require otherwise: (i) conduct Tribunal proceedings in open session where the public is accessible; and (ii) pronounce written decisions before all the parties and explain the reason for the decisions; (c) establish appropriate boundaries in his or her relationships with subordinates and he shall 4 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) Diligence not abuse his position for personal, sexual and or financial gains. - 7 Verify source ↗
The Chairman shall
AI-assisted research summary: The Chairman must manage Tribunal business promptly, issue rulings and judgments on time, avoid conduct harmful to justice, keep professional competence, and ensure judgments are delivered and typed promptly. Parties have a right to get a copy of a ruling or judgment within 21 days.
7.-The Chairman shall- (a) dispose of the business of the Tribunal promptly and in an efficient manner; (b) give judgment or ruling in a case promptly and in all cases within three months of the last order; (c) not engage in any conduct that is prejudicial to the effective and expeditious administration of justice or the business of the Tribunal; (d) take reasonable the steps necessary level of professional competence in the law; and to maintain (e) upon transfer or expiry of contract or period of service, deliver all reserved judgments as soon as possible. (2) No application shall remain pending in the Tribunal for a period exceeding twenty four months (24) from the date of registration without permission in writing from the Registrar of the District Land and Housing Tribunal and if it so remains the Chairman shall explain in writing and such explanation may be used as a tool for disciplinary action. (3) No ruling or judgment shall be reserved for a period exceeding three months (3) without permission of the Registrar of the District Land and Housing Tribunal in writing. (4) A party to a case before the Tribunal shall have a right to be supplied with a copy of the ruling or judgment within 21 days of its delivery and the Chairman shall be duty bound to ensure that it is typed by him or by any other person under his direction. (5) The Chairman shall- (a) be punctual in attending the Tribunal sessions, 5 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) conducting hearing and delivering judgments in time; (b) be in the office at 7.30 am and continue to work up to 3.30 pm; and (c) shall further ensure that cases commence at - 8 Verify source ↗
The Chairman shall disqualify himself from
AI-assisted research summary: The Chairman must disqualify himself from hearing a case when his impartiality is reasonably questionable.
8. The Chairman shall disqualify himself from hearing a case where his impartiality is reasonably questionable as in the following situations; (a) where he has a personal bias or prejudice or where he has personal knowledge of the facts of the case; (b) where he is personally interested or any of the members of his family or friend has a financial or fiduciary interest in the matter; (c) where his spouse or a person close to his family is a party or involved in the case; and (d) where he has a relation with any of the parties which is likely to affect the outcome of the case. Procedure for disqualification - 9 Verify source ↗
(1) Where a party to the proceedings has raised
AI-assisted research summary: If a party asks for the Chairman to disqualify himself, the Chairman must have the complaint tabled, consider it, and rule on whether to disqualify himself. He may also continue the hearing if the complaint is baseless or pass the case to another Chairman.
9.-(1) Where a party to the proceedings has raised a complaint against a Chairman requesting him to disqualify himself from the conduct of the proceedings, the Chairman shall- (a) require the complaint to be tabled in the Tribunal either in writing or orally before him and in the presence of all other parties; (b) thereafter consider the merit of the complaint or request for disqualification and raise few questions if any, to the parties and their advocates, and proceed to make a ruling on whether or not to disqualify himself. (2) The Chairman may, after consideration of the complaint, make a ruling to proceed with the hearing of 6 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) Conduct before the public Association the case if in his opinion the complaint is baseless, or leave the case for another Chairman with a fresh mind. - 10 Verify source ↗
(1) The Chairman shall
AI-assisted research summary: The Chairman must not publicly comment on pending Tribunal cases, join public debate about a case, or keep familiar/friendly relationships with parties, their lawyers, or colleagues. The Chairman may join public debates on legal or justice topics, but must avoid statements that prejudice the Tribunal or pending proceedings.
10.-(1) The Chairman shall: (a) not comment publicly on the merits or demerits of any case pending before the Tribunal; (b) not enter into a public debate about a case irrespective of criticism leveled against him in the case; (c) avoid familiarity and friendship with parties, their lawyers and or colleagues. (2) The Chairman may participate in public debates on matters pertaining to legal subjects or justice, but shall avoid making administration of statements prejudicial the Tribunal or pending proceedings. to - 11 Verify source ↗
(1) The Chairman
AI-assisted research summary: The Chairman must not belong to a political party, but may vote and take part in certain law-related, civic, and charitable activities.
11.-(1) The Chairman- (a) shall not belong to any political party but shall have a right to vote in an election; (b) may speak, write and participate in activities concerning the law, the legal system and administration of justice; (c) may serve as a member, an officer of an organization or government agency devoted to the the administration of justice and may assist such organization in raising funds, management of such funds and investments. improvement of law or the (2) The Chairman may- (a) participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with his duties as a Chairman; and (b) serve as an officer, director, trustee or non- 7 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) legal advisor of an educational, religious, charitable or civic organization not conducted for the economic or political advantage of its members subject to the condition that if the organization or institution happen to have a case he shall not sit in those proceedings. Extra-judicial activities of the Chairman - 12 Verify source ↗
(1)
AI-assisted research summary: The Chairman must prioritize his duties over other extra-judicial activities and must not take certain outside roles or activities.
12.-(1) The Chairman’s duties shall take precedence over all his other extra-judicial activities. (2) The Chairman may be involved in extra- judicial activities, including those embodied in his rights as citizens, if such activities: (a) are not incompatible with the confidence, or independence of impartiality or the the Tribunal, or (b) do not affect or are not perceived to affect the Chairman’s availability to deal attentively and within a reasonable time with his or her tribunal obligations. (3) The Chairman shall not: (a) accept any appointment that is inconsistent with or which is likely to be seen to be inconsistent with an independent tribunal or that could undermine the separation of powers or the status of the Tribunal; (b) act as an advocate, attorney or legal adviser to a party to any legal proceedings; (c) become involved in any undertaking, business, fund raising or other activity that affects the status, independence or impartiality of the Chairman or is incompatible with his duties; or (d) sit as a private arbitrator. Sanction for breach of these Codes - 13 Verify source ↗
Any willful misconduct or gross negligence
AI-assisted research summary: If there is willful misconduct or gross negligence that breaches the Code, a complaint may be lodged against the Chairman and enquiries may be started.
13. Any willful misconduct or gross negligence resulting to breach of the terms of this Code can be taken as a ground upon which a complaint against the Chairman 8 Code of Conduct for Chairman o the District Land and Housing Tribunals GN. No. 177 (contd.) Cap.113 may be lodged and enquiries be initiated against him in terms of Section 18 of the Land Act. Dar es Salaam, 8TH April, 2016 and WILLIAM V. LUKUVI, Minister for Lands Housing Human Settlement Development 9
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