Global Integrity Report

Tanzania Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	33
34	Can members of the judiciary be held accountable for their actions?	71
35	Are there regulations governing conflicts of interest for the national-level judiciary?	14
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	58

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: A judge is recommended by professional lawyers in the public and private sectors through a confidential process. The names are then presented to the Judicial Service Commission for their recommendation to the president.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: National-level judges are all qualified legal practitioners.

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

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

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Once appointed by the president, there is no requirement of confirmation.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: This is standard under the common law of the commonwealth

References: Criminal Procedure Act 1985

[ LINK ]

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

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

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: Judicial Service Act 2005

[ LINK ]

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: The Judicial Service Act 2005 [ LINK ]

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

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

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

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

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: The Public Leadership Code of Ethics Act is not very specific on what is and what is not appropriate.

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: The Public Leadership Code of Ethics Act provides for no independent auditing, only a requirement for the Ethics Commission to control declarations that it receives. In practice, this control does not take place.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: No such restriction are stated in any law.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

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

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

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

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

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

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act

[ LINK ]

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: [ LINK ]

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: [ LINK ]