Africa-Press – Tanzania. THE Chief Justice (CJ), Prof Ibrahim Juma, has appealed to all magistrates countrywide to exercise their powers and observe justice and perform judicial functions freely in accordance with existing laws and regulations for the benefit of the public.
Prof Juma made the appeal on Monday immediately after swearing in 29 Magistrates at a ceremony held at the Integrated Justice Centre in Temeke District, Dar es Salaam Region.
He asked the magistrates to understand the Judiciary, which follows rules and procedures in its day-to-day operations.
“The oath you have taken emphasizes justice. The word justice is mentioned more than 200 times in the Constitution. Our authority in delivering justice is final. I urge you when exercising such powers to observe justice, anything to the contrary causes serious harm to the people,” he said.
He also urged them to adhere to ethical standards in carrying out their duties. The Chief Justice reminded them that when they were taking oath, they were given a copy of the Constitution and the Code of Conduct for Judicial Officers, documents which are important.
“These documents are very important, as they provide some guidance to the Judges and Magistrates in matters of integrity. If you read them carefully they affect even our brothers, sisters and parents, husband, wife who can do something that is considered part of your immorality,” he said.
However, he cautioned them to be watchful citing a case where one of their family members could do something disguising to be a magistrate, or using their titles, saying such could plunge the magistrate feigned into the trap of breaking morals.
“I always ask the new magistrates on the first day after taking oath to convene a family meeting to review the code of conduct so that they do not lead one into misconduct without one’s knowledge,” Prof Juma said.
He noted that the Code of conduct also provides protection for judges and magistrates in performing their duties as they are used to assess whether they are not violating the existing regulations.
On the independence of the judiciary, the chief justice urged the magistrates to carry out their duties of dispensing justice without interference from any individual, stressing that such freedom must be exercised for the benefit of the citizen and not for the judge or magistrate.
“You cannot exercise the independence of the Judiciary when you violate the law or the code of conduct and violate the principles of justice. Freedom of the judiciary does not go that far. Therefore, we are obliged to obey the laws of the land as other citizens do,” he said.
On his part, the Principal Judge, Mr Mustapher Siyani, called on the Judges to carry out their duties with utmost integrity, thus building a judiciary that is trustworthy and free from corruption.
He told the magistrates that the job they were seeking required high level of integrity, believing that each of them was a believer in a religion where all religions in the country preach the issue of integrity.
He referred them to the Bible, Deuteronomy 1: 16-17, and Chapter 4 of the Quran, Verse 135, and said, “Whether you are a Christian or a Muslim, whatever you do, in order to be a magistrate you must observe integrity. If you are not righteous then you will be wrong in this place and you will not last long. ”
To highlight the importance of integrity to magistrates, Mr Siyani quoted a Nigerian scholar as saying, “An unjust judicial officer has a greater impact on society than a man who runs aimlessly in the middle of a crowded street with a sword in his hand.
“Whereas when such a person can be controlled, an unjust magistrate will deliberately undermine the moral fabric of society and cause irreparable harm to citizens by abusing the power of his office and at the same time being called an honorable.”
Thus, the Principal Judge asked the Magistrates to recognise the magnitude and value of the work that the nation has entrusted to them and urged them to carry on with the duties, while observing integrity in order and to build a credible and corruption-free judiciary.
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