The Judiciary in Tanzania has four tiers: The Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania and Zanzibar, Magistrates Courts, which are at two levels such as, the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction. Primary Courts are the lowest in the judicial hierarchy. These courts have different powers to hear and determine different matters on the area of responsibility. The assessors should be guided properly by the judge when performing their statutory duty. According to Section 265 of the Criminal Procedure Act (CPA), it is mandatory for the trials in the High Court to be conducted in the aid of assessors, the number of whom shall be two or more as the court thinks fit.
Inhaltsverzeichnis (Table of Contents)
- 1.0 INTRODUCTION
- 2.0 MEANING OF PRIMARY COURTS
- 2.1 MEANING OF ASSESSORS
- 2.2 Primary Court Has Original Jurisdiction on Civil and Criminal Matters
- 2.2.1 under civil matters
- 2.2.2 under criminal matters
- 3.0 ASSESSORS IN THE PRIMARY COURT
- 3.1 The assessors have equivalent and complementary powers to those of the magistrate
- 3.2 Assessors are judges of both fact and law
- 4.0 ROLE OF ASSESSORS IN THE COURTS OF TANZANIA
- 4.1.1 They are intended to assist the magistrate in interpreting the facts of the case before the court
- 4.1.2 They are representatives of the public
- 4.1.3 They have acted as the consultants in matters of customary law
- 4.1.4 Opinion and vote of assessors recorded by magistrate
- 4.2 THE EXCEPTION TO GENERAL RULE OF BINDING NATURE THE OPINION OF ASSESSORS
- 5.0 THE HIGH COURT
- 5.1 Trial in the high court takes place before a judge and assessors
- 5.2 When a trial is to be determined with the assistance of assessors
- 5.3 Summing up to Assessors
- 5.4 Opinion of Assessors
- 5.5 Conclusion of hearing in high Court
- 6.0 THE DIFFERENCE BETWEEN ASSESSORS IN PRIMARY COURT AND OTHER COURT
- 6.1 THE SIMILARITIES BETWEEN THE ROLE OF ASSESSORS IN PRIMARY COURT AND OTHER COURTS
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text aims to describe the role and function of assessors within the Tanzanian court system, focusing specifically on primary courts. It examines the legal basis for their involvement, their powers and responsibilities, and explores the distinctions between their roles in different court levels.
- The role and legal basis of assessors in Tanzanian primary courts.
- The powers and responsibilities of assessors in relation to magistrates.
- The application of customary and Islamic law in primary courts with assessors.
- Comparison of assessors' roles in primary courts and other Tanzanian courts.
- The significance of assessors in ensuring justice and public representation.
Zusammenfassung der Kapitel (Chapter Summaries)
1.0 INTRODUCTION: This introductory chapter sets the stage by outlining the four-tiered structure of the Tanzanian Judiciary, highlighting the position of Primary Courts as the lowest tier. It emphasizes the varying jurisdictional powers of these courts and their responsibility for different matters based on their area of responsibility. The introduction lays the groundwork for the subsequent detailed examination of assessors' roles within this judicial framework.
2.0 MEANING OF PRIMARY COURTS: This chapter defines primary courts as the lowest courts in the Tanzanian judicial hierarchy, established under Section 3 of the Magistrates Courts Act. It details their establishment and constitution, clarifying that they are typically presided over by a single magistrate but may involve multiple magistrates holding concurrent sittings. The chapter also specifies the types of cases—both civil and criminal—handled by primary courts, emphasizing the mandatory involvement of lay assessors in cases involving customary or Islamic law.
2.1 MEANING OF ASSESSORS: This section defines assessors as ordinary individuals residing within the court's jurisdiction who assist the court. It emphasizes that they lack specialized legal training, relying instead on instructions from the judge and basic information on the case. The chapter highlights the legal requirement for primary courts to sit with assessors, as stipulated in Section 7 of the Magistrates Court Act, and explains the process of assessor selection and appointment by the District Council. A key case, *NeliManaseFoya v. Damian Mlinga*, underscores the assessors' status as active members of the court, participating in decision-making and signing the judgment. The requirement for assessors to be literate in Swahili or English is also mentioned.
2.2 Primary Court Has Original Jurisdiction on Civil and Criminal Matters: This section delves into the jurisdictional powers of primary courts, separating their roles in civil and criminal cases. In civil matters, it specifies the application of customary or Islamic law as the basis for jurisdiction, supported by the case *Jacob Mwangoka v. Gurd Amon*. For criminal matters, jurisdiction is defined by the First Schedule of the Magistrates' Courts Act. The chapter concludes by outlining the right of appeal to the District Court for aggrieved parties.
3.0 ASSESSORS IN THE PRIMARY COURT: This chapter focuses on the crucial role of assessors in primary court proceedings. It highlights the mandatory presence of at least two assessors, emphasizing that their absence invalidates proceedings. The chapter cites legal precedents emphasizing the equivalent and complementary powers of assessors to the magistrate, illustrated by *Mariam Ally Ponda v Kherry Kissinger Hassan*. The section also emphasizes that assessors act as judges of both fact and law and discusses the redundancy of their role as customary law expounders following codification. The case *Mohamed S. Amiri v Saidi Ngapwela* highlights the mandatory recording of assessors' opinions and their co-signing of the judgment. Finally, the chapter underlines the irregularity of changing assessors during trial, as established in *Alexanda Killian v. Linus Kinunda*.
4.0 ROLE OF ASSESSORS IN THE COURTS OF TANZANIA: This chapter provides a broader perspective on the role of assessors in Tanzania's court system, noting their presence in many countries and courts. It identifies three main functions of assessors in Tanzanian primary courts: assisting magistrates in interpreting facts, representing the public and providing consultancy in matters of customary law. The chapter explains how assessors' understanding of local customs, beliefs, and ways of life aids the court.
Frequently Asked Questions: The Role of Assessors in Tanzanian Courts
What is the overall purpose of this text?
This text comprehensively details the role and function of assessors within the Tanzanian court system, with a particular focus on primary courts. It examines their legal basis, powers, responsibilities, and differences in roles across various court levels.
What is the structure of the Tanzanian Judiciary, as mentioned in the text?
The text mentions a four-tiered structure, with Primary Courts being the lowest tier. The exact higher tiers are not explicitly named.
What are Primary Courts in Tanzania?
Primary Courts are the lowest courts in the Tanzanian judicial hierarchy, established under Section 3 of the Magistrates Courts Act. They handle both civil and criminal matters and often involve lay assessors, especially in cases involving customary or Islamic law.
What are assessors in the context of Tanzanian courts?
Assessors are ordinary individuals residing within the court's jurisdiction who assist the court. They lack specialized legal training and rely on instructions from the judge and basic case information. Their presence is mandatory in primary courts in certain cases, as per Section 7 of the Magistrates Court Act.
What are the powers and responsibilities of assessors in Primary Courts?
Assessors in Primary Courts have equivalent and complementary powers to the magistrate. They act as judges of both fact and law and their opinions and votes must be recorded by the magistrate. Their absence invalidates proceedings. Their role as customary law expounders is less significant since codification.
What is the process of selecting and appointing assessors?
The text mentions that assessors are selected and appointed by the District Council. Specific details about the selection process are not provided.
What is the role of assessors in different Tanzanian courts?
While the text focuses on Primary Courts, it notes that assessors also serve in other courts. Their primary roles include assisting magistrates in interpreting facts, representing the public, and providing consultancy on customary law (primarily in Primary Courts).
What are the key differences between assessors in Primary Courts and other courts?
The text highlights the mandatory presence of assessors in certain cases within Primary Courts, contrasting it with the less consistently mandated involvement in other courts. Specific distinctions beyond this are not explicitly detailed.
What are some key cases referenced in the text and what legal points do they highlight?
Several cases are cited, including *NeliManaseFoya v. Damian Mlinga* (assessors as active court members), *Jacob Mwangoka v. Gurd Amon* (civil jurisdiction), *Mariam Ally Ponda v Kherry Kissinger Hassan* (equivalent assessor powers), *Mohamed S. Amiri v Saidi Ngapwela* (recording assessor opinions), and *Alexanda Killian v. Linus Kinunda* (irregularity of changing assessors during trial).
What is the significance of assessors in ensuring justice and public representation?
Assessors contribute to justice by offering diverse perspectives, particularly in understanding local customs and beliefs. Their presence ensures public representation in the judicial process.
What are the key themes explored in the text?
The key themes include the role and legal basis of assessors in Tanzanian primary courts; their powers and responsibilities in relation to magistrates; the application of customary and Islamic law; a comparison of assessors' roles across different court levels; and the significance of assessors in ensuring justice and public representation.
- Quote paper
- Datius Didace (Author), 2021, The Opinion of Assessors in Primary Court and Other Courts in Tanzania, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1164803
