Hon. John A. Mroso Retired Justice of Appeal and Chairperson of the Governing Council IJA, Hon. Judge Ferdinand L.K. Wambali, Judge Kiongozi,

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1 KEY NOTE ADDRESS BY HIS LORDSHIP THE CHIEF JUSTICE PROF. IBRAHIM HAMIS JUMA DURING THE OCCASION OF LAUNCHING THE INDUCTION OF JUDGES HELD ON 7 TH MAY, 2018 AT KISUTU TRAINING AND INFORMATION RESOURCE CENTRE DAR ES SALAAM Hon. John A. Mroso Retired Justice of Appeal and Chairperson of the Governing Council IJA, Hon. Judge Ferdinand L.K. Wambali, Judge Kiongozi, Hon. Judges-in-Charge present here today, Hon. Judge Dr. Paul F. Kihwelo Principal IJA and Coordinator of the Induction Programme, Hon. Judges present, Chief Court Administrator, Chief Registrar, Hon. Registrars present, Hon. Magistrates, Court Administrators, Dear Facilitators and Resource Persons present, All staff of the Judiciary present, Journalists from the various media houses, 1

2 Ladies and Gentlemen, Good Morning, It is a pleasure to have the opportunity to open the induction course for 12 new Honourable Judges of the High Court of Tanzania and 2 Honourable Judges who recently joined the High Court of Zanzibar. As you will all remember His Excellency the President of the United Republic appointed and swore in two (2) Judges of the High Court in February, This was followed up by appointment and swearing in of another ten (10) Judges of the High Court in April, 2018 making the total of twelve (12) newly appointed judges of the High Court. I would like to acknowledge the presence of two Judges of the High Court of Zanzibar, Hon. Khamis Ramadhan Abdalla and Hon. Aziza Iddi Suweid, who were in November, 2017, appointed and sworn in by Dr. Ali Mohamed Shein, the President of Zanzibar. The presence of the two Hon. Judges from Zanzibar is a sign of future closer training cooperation between the Judiciary of Zanzibar and the Institute of Judicial Administration Lushoto. Ladies and Gentlemen, The Judiciary of Tanzania gives high priority to continuous judicial education and continuous upgrade of skills and performance of judges, magistrates and staff. This Induction course 2

3 is a prelude to many on-the job trainings you will receive during your time in the Judiciary of Tanzania. This type of intensive Induction Programme for newly appointed Judges of the High Court is the third one in the series of Inductions. The first programme involved a batch twenty (20) judges in September, 2014; and the second programme brought together a total of thirteen (13) judges who were inducted in August, 2015 respectively. This Induction Programme is particularly unique because it is conducted as part and parcel of the Judiciary Modernization Programme which is a component of the implementation of the Judiciary Strategic Plan (JSP) 2015/ /20. You will be part of, what some may say, ambitious Judiciary-Led Reforms driven under the Citizen Centric Judiciary Service Delivery Project which is supported by the World Bank. Apart from ensuring access to quality and expeditious justice, the project also seeks to improve the image of the judiciary in the eyes of the general public. Ladies and Gentlemen, Hon. Newly Appointed Judges, In the context of training for judicial and non-judicial officers, I would like to acknowledge the very pivotal role of the Institute of Judicial Administration Lushoto as the Judiciary of Tanzania s own centre, for continuous education and training for judicial officers and other supporting staff. 3

4 In the olden days, judges were used to the statement that Judges already know the law, and they did not need any type of training. This stance is no longer tenable. The Hon Justice Murray Gleeson, the Chief Justice of Australia supports training for Judges, just as the Judiciary of Tanzania does: 1 "Judicial education is no longer seen as requiring justification. We are past the stage of arguing about whether there should be formal arrangements for orientation and instruction of newly appointed judges and magistrates, and for their continuing education. There are approximately 880 judicial officers in Australia. The idea that all, or most, of them have had sufficient practical experience before appointment to slip comfortably into their judicial roles, without the need of further assistance, and that thereafter throughout their judicial careers they would keep abreast of developments in the law and in judicial technique on their own initiative, is unacceptable." This induction Programme for you the newly appointed Judges is now universally accepted by judiciaries across the world as very necessary. The Judiciary of Tanzania has placed responsibilities of trainings and continuous education for judicial and non-judicial staff in the hands of the Institute of Judicial Administration Lushoto. This Institute plays the role of a think-tank and Training Centre of Excellence for the Judiciary of Tanzania, and also doubles up as a research arm of the Judiciary. 1 The Hon Justice Murray Gleeson, "The Future of Judicial Education" (1999) 11 Judicial Officers Bulletin 1. 4

5 The Induction Programme seeks to achieve and will actually achieve the following:- 1. To enhance skills and knowledge of the newly appointed High Court Judges. 2. By providing the opportunity for new Judges to come together and learn from each other and from other sitting and former Judges, the programme ensures uniformity and predictability of decisions. 3. Introduces new Judges to the daily operations of the courts of Tanzania which every new Judge will come to grips with while presiding the hearings of cases. 4. Brings functional and attitudinal change in newly appointed High Court Judges and therefore ease professional transition. 5. To build institutional spirit and a sense of common purpose. After completing the programme, you will bond and gel together as brothers, sisters and comrades, all for mutual support. 6. You will together appreciate the challenges facing the Judiciary and understand problems which ordinary citizens face when they come to access justice in our courts. 7. You must take this early opportunity to learn and understand the rationale of the Judiciary Strategic Plan (JSP) 2015/ /20, strategies that have been adopted and the many milestones the Judiciary has attained during the two and half years of the Strategic Plan. 5

6 8. This will be a time to inculcate into you the judicial spirit of standing by the rule of law, impartiality, competence, efficiency and effectiveness which will, in turn, strengthen the Judiciary and enhance public confidence in the Judiciary. Hon. Newly Appointed Judges, In my warm congratulations to you and in wishing you the best of luck as you navigate your route through the judicial path as Judges of the High Court, I would like to read to you a portion of a letter, appearing in the Commonwealth Law Bulletin, 2014 Vol. 40, No. 1, , which one Evan Ball, wrote to a New Judge, who could be anyone of you today: Dear Judge, Congratulations, on your recent appointment. New Judges often discover that things are completely different from the other side of the bench. Judging is not easy work and even lawyers who have observed the court system for years can find themselves unprepared when appointed. The New Zealand Chief Justice Sian Elias has observed that judicial appointment is not a destination but the start of an ardous journey. Your judicial colleagues, past and present, have much wisdom to offer on matters such as dealing with advocates, decision-making, humility and conducting hearings which may make the transition to your new role smoother. 6

7 As you can see from this LETTER, after congratulations, hugging and patting the backs, things in the bench are completely different from where you have been! There is huge EXPECTATIONS OUT THERE WAITING FOR YOU. You should not regard Judgeship as a destination up there [Waswahili wa mitaani husema, UJAJI NDIO UMEFIKA]. Judgeship is not a summit at the top. Judgeship is the beginning of a long road promising you an equally long journey. Each step along the way, your performance will be analyzed, discussed and judged by others! The letter to A NEW JUDGE, has described the journey as arduous. The word arduous appears in English Thesaurus difficult, hard, tough, laborious, demanding, strenuous, onerous, tiring, and certainly, not easy. Yet, however way you describe it, your role as Judges is very important to our nation. In a Seminar titled Role of a Judge as a Policy Maker which Sir Charles Newbold the President of now defunct Court of Appeal for East Africa gave at the Faculty of Law of the University of Dar es Salaam on 30 th January 1969, expressed his optimism that Judges through decisions they make, are policy-makers. From their judicial vantage point, Judges can influence both policies made by the executive and laws made by the legislature. He defined the phrase Role of a Judge as that part Judges play in an organised community through their judicial decisions. Looking back today almost fifty years after that statement, there is even more need for the Judges in Tanzania to appreciate the important role they have to give meanings to the law, shape policies and play a progressive 7

8 law reform role. In your courtrooms, you will sit from a raised, you will watch down parties, advocates and members of the public who may happen to be in the courtroom. Symbolically, this shows that you are public leaders; you will be expected to take leadership positions. But, as public leaders, Judges must be humble to appreciate the fact that there is very much law and facts which we do not know, than the little much which we already know. In the 21 st Century world, law continues to be a much mightier ocean, and this ocean will continue to grow. Every case which will come before you is another ocean for you to cross. Any decision you make, or write on now, can be instantaneously flashed to millions of people and you will get instant feedbacks. Knowledge-driven Tanzanians will analyse, dissect, criticise or praise your decisions. You must be on top of law and facts before you. You must not only read the facts of every particular case, you must also read, do research and think about applicable laws that may be relevant. Every case you handle will be opportunities to enlarge your knowledge-base and will enlighten your appreciation how law operates in the society. Honourable Mr. Justice M. Jagannadha Rao a former Judge of the Supreme Court of India said as much when he said: It is only when we realize that there is so much of law that we do not know, that we can condescend to take lessons in the law. This requires great humility on the part of the lawyers, judicial officers 8

9 and Judges. It is, in my view, a feeling that we know everything about law and there is nothing to add to our knowledge that gives rise to opposition. The less we know the more of this feeling. We have to come out of this delusion. Today there are so many new developments in the legal field in almost every branch which we are unaware of 2 Hon. Newly Appointed Judges, Looking at your youthful age, you will have many years practicing law in the 21 st Century, a Century of very knowledgeable citizens who will demand high quality judicial services. As Lord Iain Bonomy, a Judge to the International Criminal Tribunal for the former Yugoslavia said at the COMMONWEALTH MAGISTRATES AND JUDGES ASSOCIATION, DAR ES-SALAAM - 26 SEPTEMBER 2017: Judges have to be sensitive to the pace of change in our 21 st century society, and the level of public expectation that contentious business should be resolved fairly quickly. It is, in my respectful opinion, the responsibility of judges constantly to be alert to devising ways of expediting proceedings without compromising them. The public see that as a judicial responsibility because they perceive 2 Law Students, Lawyers and Judges in the New Millennium: By Justice M. Jagannadha Rao [Judge, Supreme Court of India, being the "Inaugural Sri Akella Satyanarayana Memorial Lecture" delivered on at Visakhapatnam. Cited as: (2000) 8 SCC (Jour) 1. 9

10 judges to be in a position of authority over court proceedings independent of outside control. They are accountable for the quality of their administration of justice. 34 I would like to refer you as Judges of the 21 st Century Tanzania. In that capacity you are expected to facilitate Tanzanians to reap the fruits promised in the Tanzania Development Vision If you have not read this VISION, please read it! In his foreword to the Tanzania Vision 2025 in 2000, the former President of Tanzania Benjamin William Mkapa stated the following about what challenges those who influence policies and laws like you Judges should expect: We are standing at the threshold of the 21 st Century, a Century that will be characterized by competition. It is clear, therefore, that it will be a Century dominated by those with advanced technological capacity, high productivity, modern and efficient transport and communication infrastructure and, above all highly skilled manpower imbued with initiative. If we are to be 3 Lord Iain Bonomy, Judicial Accountability in the 21 st Century, COMMONWEALTH MAGISTRATES AND JUDGES ASSOCIATION, DAR ES-SALAAM - 26 SEPTEMBER Lord Iain Bonomy, Judicial Accountability in the 21 st Century, COMMONWEALTH MAGISTRATES AND JUDGES ASSOCIATION, DAR ES-SALAAM - 26 SEPTEMBER

11 active participants in the global developments of the twenty-first century we must, as a Nation, find ways of improving and strengthening ourselves in all these areas. We are a few years away from 2025, but we can feel the winds of competition, massive technological advances, and demands for productivity blowing! The former President Mkapa he may as well have envisioned what is expected of the Judiciary and Judges of 2025 as well. I would like you to close your eyes and imagine how the quality of your judicial services will be, when we reach 2025: Tanzanians will be living in by then will be a substantially developed one with a high quality livelihood. Abject poverty will be a thing of the past. In other words, it is envisioned that Tanzanians will have graduated from a least developed country to a middle income country by the year 2025 with a high level of human development. The economy will have been transformed from a low productivity agricultural economy to a semi-industrialized one led by modernized and highly productive agricultural activities which are effectively integrated and buttressed by supportive industrial and service activities in the rural and urban areas. A solid foundation for a competitive and dynamic 11

12 economy with high productivity will have been laid. Although the burden of expectation placed on your shoulders the 21 st Century Judges is heavy, you can carry that burden effortlessly if you accept to become what I should describe as LEARNING JUDGES. That is, Judges who, are already very learned in law, but are still prepared to continue learning beyond their formal learning. Frontiers of learning are never closed. On this aspect of LEARNING JUDGES, I would like to thank our Institute of Judicial Administration Lushoto, in particular Hon. John A. Mroso the Chairperson of the Governing Council IJA, Hon. Judge Dr. Paul F. Kihwelo Principal IJA and Coordinator of the Induction Programme, for keeping the spirit of LEARNING JUDGES alive. The Hon. John Doyle, Chief Justice of South Australia and Chair of the National Judicial College described two aspects to judicial learning. The first is directed to an improvement of the skills required to discharge the duties of the judicial office. The second is directed, or should be directed, towards improvement of judicial awareness of changes in society and the expectations that society has of the judiciary. A LEARNING JUDGE must understand the changing society that surrounds him. An example of a learning judge who makes himself aware of the surrounding society need to look at changes being made within the MINISTRY OF LAND, HOUSING AND HUMAN SETTLEMENT which; may affect land cases before you. This Ministry has embarked on 12

13 massive digitalization of land titles and boundaries to make land information readily available to all who may require. The ICT and digital revolution now taking place in the in the Ministry of Land, will bring pressure on the Judges and the Judiciary to go DIGITAL and ICT as well. I would like to leave you a question to ponder, whether, as the Ministry of Land goes ICT and digital, the High Court Judges, who ultimately handle land disputes, can afford to remain inefficiently manual, and still hide behind their judicial independence. Hon. Newly Appointed Judges, Still on the topic LEARNING JUDGES and LEARNING JUDICIARY, I wish to thank Lady Justice (Rtd.) Eusebia Munuo for accepting the task of a Training Director of this Induction Programme. Justice Munuo is one of the seasoned judicial officers, very respectable and highly regard legal mind. Despite her long and distinguished career in the Judiciary of Tanzania, she is a well known globally where she served as President of the International Association of Women Judges (IAWJ). I believe that all participants will tap on her intellect, wisdom, organization skills and vast knowledge of law and practice. I would also wish to thank all the facilitators for accepting to guide discussions on topics, which were strategically selected to ensure that participants get the maximum out of fully-packed three-week of the induction. I would like to acknowledge and thank the other justice sector stakeholders such as the Ethics Secretariat, Prevention and Combating of Corruption Bureau, Director of 13

14 Criminal Investigation, Government Security Office just to mention but a few, for your willingness to share your experiences, resourcefulness and skills with the new Judges. We have invited colleagues from the Ministry responsible for Foreign Affairs to share with participants Protocol and Etiquette Issues as they assume high offices. We have similarly invited Stress Management Expert from the Muhimbili University of Health and Allied Sciences to urge all the new Judges, while discharging their mandates as Judges of the High Court, to watch over their physical, mental and spiritual health at all times. The average caseload for each judge which stood at the average of 460 cases when you were sworn-in has already shot up. In a legal system like Tanzania where caseload is heavy, Justice R.V. Raveendran, Former Judge Supreme Court of India, advises you to be efficient judges. An efficient judge is good at MANAGEMENT: 1.-TIME MANAGEMENT- You must conceptualize the entire day, week and month as different units, to manage your time. This will enable you to plan the number of cases you can hear and determine. 2.-MANAGEMENT OF YOUR TOTAL ASSIGNED CASES 14

15 On average each one of you may be assigned up to 600 cases. Each day comes with assignment of new cases to you. You must plan to handle how many cases require hearing, which cases require adjournments, which require rulings, etc. You need all your case management skills 3.-SELF MANAGEMENT This means self-discipline, commitment and hard work. It is only yourself who can determine time to sleep, how long to sleep, what to eat and what to drink, all these are important in maintaining, good health and being punctual. Hon. Newly Appointed Judges, Ladies and Gentlemen, Finally, on my own behalf and on behalf of one Judiciary Service made up of judicial and non-judicial officers, I very warmly welcome you as Judges of the High Court of Tanzania. I will leave you with words spoken by Chief justice of the U.S. Supreme Court, John Marshall: The power of Judiciary lies, not in deciding cases, not in imposing sentences, not in punishing for contempt, but in the trust, faith and confidence of the common man. Thank you for listening, 15