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2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	50
75	In practice, do judgments in the criminal system follow written law?	50
76	In practice, are judicial decisions enforced by the state?	50
77	Is the judiciary able to act independently?	63
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	43

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: The Constitution of the United Republic of Tanzania, 1977, Article 13(9) as amended by Act .No. 1 of 2005 and all criminal legislation provide for right to appeal and judicial review.

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: Interviews with government officials and legal experts

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc. Burlington, Vermont November 2003

Interviews with senior government officials and legal experts

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Generally, stronger integrity and professionalism are seen at the higher levels of the legal system. In the magistrates and primary courts, the situation is much worse.

References: USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc. Burlington, Vermont November 2003

Interviews with government officials, academics

Researcher's own observations

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Researcher's own observation

Peer Review Comments: A good example of a ruling deliberately delayed is the court ruling that directed authorities to facilitate the participation of independent candidates in elections; however, so far nothing seem to have been done.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitution of the United Republic of Tanzania, 1977, Article 107(B)

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Researcher's own observation

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: Cases are assigned on a case-by-case basis by the judge in charge.

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Constitution of the United Republic of Tanzania, 1977, Article 110(5-9)

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Helen Kijo Bisimba Executive Director Legal and Human Rights Centre Sept. 24, 2007

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Helen Kijo Bisimba Executive Director Legal and Human Rights Centre Sept. 24, 2007

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Courts may sometimes target businesspeople of Asian extraction to extort money.

References: Interview academics and legal experts

Researcher's own observations

79b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Helen Kijo Bisimba Executive Director Legal and Human Rights Centre Sept. 24, 2007

Peer Review Comments: There is no specific discrimination, either formal or informal, against women in their course to seek judicial justice. In most cases, the problems faced by women in obtaining justice are related to societal rather than legal factors. For example, men are more prepared and ready to engage corrupt judicial officials than are women. In addition, due to lack of economic empowerment, women tend to look for their spouses or middle men to act on their behalf. Some gender bias cannot be ruled out in cases involving marital property or conflicts over adoption.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Yes, but only in case of homicide.

Constitution of United Republic of Tanzania

also see [ LINK ]

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: There are civil society organizations that provide free legal assistance, but their reach is limited.

References: Helen Kijo Bisimba Executive Director Legal and Human Rights Centre Sept. 24, 2007

Researcher's own observations

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: In some cases, middle-class citizens can make use of the court system to address concerns. It should also be noted that those Tanzanians recognized as "middle class" earn far above median income.

References: Interviews with academics

Researcher's observations

Peer Review Comments: The fact that members of Tanzania's middle class earn a little more than the median rate means they have some ability to seek legal redress. However, many people face complications during the appeal stage because few courts are located near where they live. Therefore, theyhave to incur additional travel expenses.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: A typical, small, retail business in Tanzania is not registered and therefore functions outside the legal arena. There is no way most of these can seek legal redress or can even afford to try. Small registered businesses, on the other hand, are a bit better placed.

References: Interview with Brian Cooksey

Researchers own observations

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: USAID Democracy and Governance Assessment of Tanzania: Transitions from the Single-Party State ARD Inc. Burlington, Vermont November 2003

Interviews with academics and civil society organization activists

Researchers own observations