Author: FAUSTINE KAPAMA
AfricaPress-Tanzania: ABOUT 29 cases, both civil and criminal in nature, which are linked with the General Elections held on October 28, 2020, have been filed before different courts in the country – including an election petition involving Busekelo Constituency in Mbeya Region.
This was revealed over the weekend by Chief Justice Prof Ibrahim Juma when he was administering the oaths of 40 new Resident Magistrates at the High Court building in Dar es Salaam.
Such election petition, he said, has been filed before the High Court, Mbeya Zone.
Investigation by this paper has discovered that such election petition has been filed by Boniface Anyasile Mwabukusi, as petitioner, against Atupele Fredy Mwakibete, as first respondent, Returning Officer of Busekelo Constituency and the Attorney General, as respondents.
Prof Juma revealed also that among the 29 cases, three other cases have been filed at Musoma, Dodoma and Songea High Court Zones to oppose election results for local government councillors.
The rest, according to him, related to criminal offences associated with the just-ended general election.
Prof Juma, therefore, appealed to the new magistrates to be prepared to handle such cases as they may be assigned by their respective magistrates in-charge at the duty positions they would be allocated to.
He was, however, quick to remind those aggrieved with the results to follow the law in filing the cases.
He pointed out that the law required the aggrieved party to take essential steps within 30 days from the announcement of the election results.
“The cutoff point is 30 days from the date of announcement of the results. The line on this area will be drawn after expiry of these days,” he said.
Prof Juma also appealed to the new magistrates to avoid doing mistakes when hearing and determining cases, as any judicial error committed could have either positive or negative impact not only to an individual or family but also to the nation.
“We do not expect a magistrate to make mistakes, especially in areas where the law is clear; because the magistrate needs to be very prepared, that is, understand all the laws and rules of the case before him before entering into the court,” he said.
The Chief Justice pointed out further that a magistrate’s wrongdoing could cause criminals, like thieves, drug addicts, robbers, rapists to return to society and not only to perpetuate crime but also to encourage other criminals to commit crimes and that one may be released on mistake done by a court of law.
“Even if the chance of appeal is available, errors may be remedied through the appeal within up to twenty years for one who was jailed wrongly because of the magistrate’s mistakes. Likewise, the magistrate’s errors may convict a citizen who has not committed an offence,” he said.
The head of the judiciary, thus, urged magistrates to be guided by the law and other rules when performing their judicial functions as provided for under the Constitution of the United Republic of Tanzania.
Referring to Article 107A (2) of the Constitution, Prof Juma pointed out that in delivering decisions in matters of civil and criminal nature in accordance with the laws, the court shall observe some principles, notably, impartiality to all without due regard to ones social or economic status.
The court should not delay dispensation of justice without reasonable ground and to award reasonable compensation to victims of wrong doings committed by other persons, and in accordance with the relevant law enacted by the Parliament.
Another principle is to promote and enhance dispute resolution among persons involved in the disputes as well as to dispense justice without being tied up with technicalities provisions which may obstruct dispensation of justice.
In exercising the powers of dispensing justice, as per Article 107b, all courts shall have freedom and shall be required only to observe the provisions of the Constitution and those of the laws of the land.
