The Institute of Judicial Administration Lushoto Act

This section sets out who makes up the Council and who appoints its members, including a rule that women must make up at least one third of the Council.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Institute of Judicial Administration Lushoto Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointments board decision-making board governance board or council decision-making committee or council proceedings Company lawcouncil composition decision-making document execution gender representation governance internal appointments meeting procedure meeting quorum meeting records meetings notices resignation temporary replacement voting

Statute overview

About this statute

This section sets out who makes up the Council and who appoints its members, including a rule that women must make up at least one third of the Council. Council members serve for three years, may be re-appointed, may resign by written notice, and some members stop serving when the related office ends. If a Council member misses three consecutive meetings without reasonable excuse, the Council must advise the appointing authority, which may end that member’s appointment and replace them. If a Council member leaves office, dies, cannot perform the role, or is removed under paragraph 3, the appointing authority may appoint a replacement. If a Council member other than the Chairperson cannot attend because of illness, infirmity, or absence from the United Republic, the appointing authority may appoint a temporary replacement.

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Provisions of The Institute of Judicial Administration Lushoto Act

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1
Short title
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AI-assisted research summary: This section sets out who makes up the Council and who appoints its members, including a rule that women must make up at least one third of the Council.

1.–(1) The Council shall consist of- (a) The Chairman who shall be appointed by the President from among persons who have held the position of a judge of the Court of Appeal of Tanzania; and (b) Other five members who shall be appointed by the Chief Justice in the following order- (i) A retired judge of the High Court of Tanzania; (ii) A serving judge of the High Court of Tanzania; (iii) A State Attorney not below the rank of Principal State Attorney; (iv) A Chairperson of Students’ Organisation; and (v) A Principal Administrative Officer from the Judicial Service Commission. (2) The Principal shall be the Secretary to the Council. (3) The Chief Justice shall in appointing members under this paragraph ensure that women form at least one third of the total membership of the Council. 684 Constitution of Council Act No. 11 of 2023 s. 40 GN No. 504 of 2017 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] Tenure of office Termination of appointment Where member ceases to be member Temporary member Vice Chairperson Power of Chairperson and Vice Chairperson
2
Interpretation
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AI-assisted research summary: Council members serve for three years, may be re-appointed, may resign by written notice, and some members stop serving when the related office ends.

2.–(1) Subject to the provisions of this Schedule every member of the Council shall hold office for a period of three years from the date of his appointment but may be eligible for re-appointment after the end of that period. (2) Notwithstanding subparagraph (1) of this paragraph, a member may resign at any time by giving notice in writing to the appointing authority and from the date specified in the notice or, where no date is so specified in the notice from the date of the receipt of the notice by the appointing authority, he shall cease to be a member. (3) A person who is a member by virtue of his holding some other office shall cease to be a member upon his ceasing to hold the office by virtue of which he is a member.
3
Establishment of Institute
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AI-assisted research summary: If a Council member misses three consecutive meetings without reasonable excuse, the Council must advise the appointing authority, which may end that member’s appointment and replace them.

3. Where any member of the Council absents himself from three consecutive meetings of the Council without reasonable excuse, the Council shall advise the appointing authority who may terminate the appointment of such a member and appoint a new member in his place.
4
Directorates
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AI-assisted research summary: If a Council member leaves office, dies, cannot perform the role, or is removed under paragraph 3, the appointing authority may appoint a replacement.

4. Where any member of the Council ceases to be such a member by resignation or death or is unable to perform his functions as such member by reason of his absence from the United Republic or by reason of any infirmity of body or mind or where the appointing authority terminates his appointment under paragraph 3, the appointing authority may appoint another member in his place and the member so appointed shall, subject to the provisions of this Schedule, hold office for the reminder of the term of his predecessor.
5
Functions of Institute
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AI-assisted research summary: If a Council member other than the Chairperson cannot attend because of illness, infirmity, or absence from the United Republic, the appointing authority may appoint a temporary replacement.

5. Where any member of the Council other than Chairperson is by reason of illness, infirmity or absence from the United Republic or is unable to attend any meeting of the Council, the appointing authority may appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member.
6
Establishment of Council
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AI-assisted research summary: The Council must elect one of its members as Vice Chairperson.

6. The Council shall elect one of its members to be a Vice Chairperson and who shall, subject to his continuing to be a member hold office of Vice Chairperson for a term to be fixed by the Council and shall be eligible for re-election after the end of that period.
7
Powers and duties of Council
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AI-assisted research summary: The Chairperson presides at Council meetings, the Vice Chairperson presides if the Chairperson is absent, and members may choose a temporary Chairperson if both are absent.

7.–(1) The Chairperson shall preside at all meetings of the Council. (2) Where at any meeting of the Council the Chairperson is absent the Vice Chairperson shall preside. (3) In the absence of both the Chairperson and Vice Chairperson at any meeting of the Council the members present may from amongst their number elect a temporary Chairperson who shall preside at that meeting. 685 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (4) The Chairperson, Vice Chairperson or temporary chairperson presiding at any meeting of the Council shall have a vote and in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote.
8
Powers of Minister
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AI-assisted research summary: The Council must meet at least four times each financial year, subject to the Chairperson’s directions. The Chairperson, or the Vice Chairperson when the Chairperson is unavailable, may fix extra meeting times. The Secretary to the Council must give each member 14 days’ notice of the time and place of every meeting.

8.–(1) Subject to any general or specific direction of the Chairperson, the Council shall meet not less than four times during every financial year and at such additional times as may be fixed by the Chairperson or if he is absent from the United Republic or unable for any reason to act, the Vice Chairperson. (2) The Secretary to the Council shall give to each member of the Council fourteen days notice of the time and place of every meeting of the Council.
9
Rules
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AI-assisted research summary: A Council meeting has a quorum when at least half of the total members are present.

9. One half of the total number of members shall form a quorum for a meeting of the Council but certain decisions may require a high number of members.
10
Appointment of Principal
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AI-assisted research summary: Council questions are decided by a majority of votes from members present, subject to any casting-vote rule.

10. Subject to the provisions relating to a casting vote, all questions at the meeting of the Council shall be determined by the majority of the votes of the members present; and if any member refuses or fails to vote on any question, he shall be deemed to have cast a negative vote.
11
Directors of Institute
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AI-assisted research summary: The Council may make decisions without a meeting by circulating the papers and getting the majority’s views in writing. Any Council member may require that such a decision be deferred and considered at a Council meeting.

11.–(1) Notwithstanding the provisions of this Schedule, decisions may be made by the Council without a meeting by circulation of the relevant papers among the members and the expression of the views of the majority thereof in writing. (2) Any member of the Council shall be entitled to require that any decision made under subparagraph (1) be deferred and the subject matter be considered at a meeting of the Council.
12
Appointment of employees
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AI-assisted research summary: The Institute’s seal must be in the shape, size, and form the Council determines, and it must be authorised by the Principal’s signature or another officer the Principal authorises.

12.–(1) The seal of the Institute shall be of such shape, size and form as the Council may determine. (2) The seal shall be authorised by the signature of the Principal or any other officer of the Institute authorised by the Principal in that behalf.
13
Admission and fees
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AI-assisted research summary: The Principal, or an officer the Principal authorises, may sign documents the Institute is party to and Council decisions, except documents that must be under seal.

13. All documents to which the Institute is a party other than documents required by law to be under seal and all decisions of the Council, may be signified under the hand of the Principal or other officer of the Institute authorised by the Principal in that behalf.
14
Examination Committee
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AI-assisted research summary: The Council must keep proper minutes of each meeting, confirm them at the next meeting, and have the meeting chairperson sign them.

14.–(1) Minutes in proper form of each meeting of the Council shall be kept and shall be confirmed by the Council at the next meeting and signed by the Chairperson of the meeting. (2) The Council shall cause minutes of all proceedings of meetings of the Council to be entered in a book kept for that purpose. Meeting and procedure of Council Quorum Decision by vote Decision by circulation of papers Seal of Institute Execution of document Records of proceedings of Council 686 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] Proceedings not to be invalidated by irregularity
15
Funds of Institute
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AI-assisted research summary: Council proceedings are not invalid just because the membership is incomplete, an appointment is defective, or a member is disqualified or disentitled to act.

15. An act or proceeding of the Council shall not be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or the fact that any member was at the time disqualified or disentitled to act as such. Council to regulate its proceedings
16
Annual budget estimates
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AI-assisted research summary: The Council may regulate its proceedings, but only subject to this Schedule.

16. Subject to the provisions of this Schedule the Council may regulate its proceedings. 687 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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The Institute of Judicial Administration Lushoto Act

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