The Judicature and Application of Laws (Practice and Procedure in Cases involving Vulnerable Groups) Rules, 2019

This section is headed “Citation, Application, Interpretation” and identifies Part II as dealing with practice and procedure in cases involving vulnerable groups.

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Jurisdiction: Tanzania
Instrument: Rule
Citation: The Judicature and Application of Laws (Practice and Procedure in Cases involving Vulnerable Groups) Rules, 2019
Version: Undated source snapshot
Language: en
Official source: View official record ↗

accessibility court procedure court proceedings court records disability accommodations interpreter costs judicial process legal proceedings litigation procedure sign language interpretation vulnerable groups vulnerable persons

Statute overview

About this statute

This section is headed “Citation, Application, Interpretation” and identifies Part II as dealing with practice and procedure in cases involving vulnerable groups. This section appears to address court procedure for cases involving vulnerable groups, including interpreters, accessible premises, braille judgments, and legal aid. This section is titled “Matters not provided for in these Rules.” These Rules may be cited by the stated title. These Rules apply to all proceedings in all courts within Mainland Tanzania, aiming to speed up cases involving vulnerable groups.

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Provisions of The Judicature and Application of Laws (Practice and Procedure in Cases involving Vulnerable Groups) Rules, 2019

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3
Section 3
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AI-assisted research summary: This section is headed “Citation, Application, Interpretation” and identifies Part II as dealing with practice and procedure in cases involving vulnerable groups.

3. Citation. Application. Interpretation. PART II PRACTICE AND PROCEDURE IN CASES INVOLVING VULNERABLE GROUPS

Part

PART II

9
Section 9
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AI-assisted research summary: This section appears to address court procedure for cases involving vulnerable groups, including interpreters, accessible premises, braille judgments, and legal aid.

9. Time limit. Hearing and determination of cases. Power of court to call sign language interpreter. Where premises are not friendly to accommodate vulnerable groups. Designated person to handle cases involving vulnerable groups. Judgment, order, decree to be delivered in braille format in timely manner. Legal aid in proceedings involving vulnerable groups.
11
Matters not provided for in these Rules
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AI-assisted research summary: This section is titled “Matters not provided for in these Rules.”

11. Matters not provided for in these Rules. 1 Judicature and Application of Laws (Practice and Procedure in Cases Involving Vulnerable Groups) GN. NO. 110 (Contd) GOVERNMENT NOTICE NO. 110 published on 1/2/2019 JUDICATURE AND APPLICATION OF LAWS ACT, (CAP. 358) ______ RULES ______ (Made under section 4) ______ JUDICATURE AND APPLICATION OF LAWS (PRACTICE AND PROCEDURE IN CASES INVOLVING VULNERABLE GROUPS) RULES, 2019 Citation Application Interpretation Cap.183 PART I PRELIMINARY PROVISIONS
4
Any case involving persons from a vulnerable group
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AI-assisted research summary: Cases involving persons from a vulnerable group should be finalized within six months from the start of the hearing, with up to a three-month extension in exceptional circumstances.

4. Any case involving persons from a vulnerable group shall be finalized within six months from the date of commencement of the hearing. Provided in exceptional circumstances, extend the time for not more than three months. the court may, that, Hearing and determination of cases
5
The presiding judge or magistrate of a case
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AI-assisted research summary: A presiding judge or magistrate must give priority to cases involving a person from a vulnerable group at every stage of the case.

5. The presiding judge or magistrate of a case involving a person from a vulnerable group shall, at all stages of the case including admission, hearing and determination, give such case a priority over all other cases. Duty and power of court to call sign language interpreter
6
(1) Where, in criminal or civil proceedings the
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AI-assisted research summary: In relevant criminal or civil proceedings, a deaf and dumb person is entitled to sign language interpretation, the court may order how the interpreter is sourced, and the Judiciary must pay the hiring costs.

6.-(1) Where, in criminal or civil proceedings the presiding judge or magistrate is assigned to hear and determine any case involving a deaf and dumb person either as an accused, witness or victim, such person shall be entitled to be availed with sign language interpretation services to enable such person to follow up the proceedings. (2) The court shall have the power to order the sign interpreter to be hired by the Judiciary or recruited from existing institutions. (3) The costs of hiring an interpreter shall be paid by the Judiciary. Where premises are not friendly to accommodate vulnerable groups
7
(1) Where the court premises are not friendly to
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AI-assisted research summary: If court premises are not friendly to persons from vulnerable groups, the court and the presiding judge or magistrate must take steps to accommodate the case and provide suitable places. If a case involves a child, proceedings must follow the Law of the Child Act.

7.-(1) Where the court premises are not friendly to persons from vulnerable groups- (a) the court shall take necessary steps or actions to 3 Judicature and Application of Laws (Practice and Procedure in Cases Involving Vulnerable Groups) GN. NO. 110 (Contd) accommodate determination of his case; and the person during hearing and (b) the presiding judge or magistrate, as the case may be, shall arrange suitable places for handling cases involving persons from vulnerable groups. Cap.13 Designated person to handle cases involving vulnerable groups (2) Where a case involves a child, the proceedings shall be conducted in accordance with the Law of the Child Act.
8
(1) It shall be the duty of every court to designate a
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AI-assisted research summary: Every court must designate a desk officer for vulnerable-group matters, and the desk officer must perform listed support functions.

8.-(1) It shall be the duty of every court to designate a desk officer to handle matters involving vulnerable groups and related needs. (2) Functions of a desk officer shall be to- (a) identify cases and parties and communicate such information to the assigned judge or magistrate; (b) identify the persons with vulnerability; (c) establish and maintain a database of cases related to vulnerable groups; (d) sensitize and guide other staff on vulnerability issues; and (e) carry out any other duties as may be directed by the judge or magistrate in charge. Judgment, order, decree to be delivered in braille format in timely manner
9
Where a case involving a visually impaired
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AI-assisted research summary: When a case involving a visually impaired person is finished, the court should provide braille copies of the judgment and related proceedings free of charge.

9. Where a case involving a visually impaired person is concluded, the court shall strive to provide, in braille format, copies of the judgment, ruling, decree, order and proceedings, as the case may be, to the person without charge, in any case within thirty days from the date of judgment, ruling or order. Legal aid in proceedings involving vulnerable groups Act No. 1 of 2017
10
Where in any civil or criminal matter, it appears
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AI-assisted research summary: If, in a civil or criminal matter, a presiding judge or magistrate thinks justice requires it, they must ensure a vulnerable person gets legal aid under the Legal Aid Act.

10. Where in any civil or criminal matter, it appears to the presiding judge or magistrate that in the interest of justice, a person with vulnerability should have legal aid, that judge or magistrate shall cause such person to obtain legal aid in accordance with the Legal Aid Act. 4 Judicature and Application of Laws (Practice and Procedure in Cases Involving Vulnerable Groups) GN. NO. 110 (Contd) Matters not provided for in these Rules
11
Where any matter or thing is not provided for in
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AI-assisted research summary: If these Rules do not cover a matter, the practice and procedure in other written laws or rules for vulnerable groups applies mutatis mutandis.

11. Where any matter or thing is not provided for in these Rules, the practice and procedure provided for in other written laws or rules governing vulnerable groups shall apply mutatis mutandis. Dar es Salaam, 22nd January, 2019 IBRAHIM HAMIS JUMA Chief Justice 5

Part

PART I

1
These Rules may be cited as the Judicature and
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AI-assisted research summary: These Rules may be cited by the stated title.

1. These Rules may be cited as the Judicature and Application of Laws (Practice and Procedure of Cases Involving Vulnerable Groups) Rules, 2019.
2
These Rules shall apply to all proceedings in all
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AI-assisted research summary: These Rules apply to all proceedings in all courts within Mainland Tanzania, aiming to speed up cases involving vulnerable groups.

2. These Rules shall apply to all proceedings in all courts within Mainland Tanzania with a view to accelerating the determination of cases involving vulnerable groups.
3
In these Rules unless the context requires otherwise
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AI-assisted research summary: This section defines key terms used in the Rules, including braille, desk officer, persons with disabilities, sign language interpreter, and vulnerable groups.

3. In these Rules unless the context requires otherwise- ''braille'' means communication in braille writings to be readable by a visually impaired person as a means of communication; ''desk officer'' means an officer duly designated, generally or specifically, by the Chief Justice, the Principal Judge, judge in charge or magistrate in charge of a court of resident magistrate or a district court or a primary court as the case may be; ''persons with disabilities'' has the meaning ascribed to it under the Persons with Disabilities Act; “sign language interpreter'' means a person who is competent in 2 Judicature and Application of Laws (Practice and Procedure in Cases Involving Vulnerable Groups) GN. NO. 110 (Contd) sign language interpretation understood and accepted by a deaf person; "vulnerable groups" means particular groups of people who, due to adverse social, economic, cultural and practices present in society are weak and marginalized or have traditionally been victims of violations and these include widows, children, elderly people and persons with disabilities. PART II PRACTICE AND PROCEDURE OF CASES INVOLVING VULNERABLE GROUPS Time limit

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