Faculty of Law

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End date: 2023Subject: search.filters.subject.Ward Tribunals

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    Mal-administration of justice by ward tribunals in Tanzania: an assessment of their legal setup
    (Mzumbe University, 2016) Byabato,Stephen
    It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal‟s financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania
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    Mal -administration of justice by ward tribunals in Tanzania: an assessment of their legal setup
    (Mzumbe University, 2016) Byabato, Stephen
    It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal's financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania.
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    Viability of ward tribunals in dispensation of criminal justice in mainland Tanzania: A survey of Bukoba District in Kagera Region
    (Mzumbe University, 2016) Uiso Charles Samson
    In any society or community disputes are unavoidable due to the reason that people do strive to acquire properties and wealth. Like any other country, Tanzania is not an exception and as population increases so are the number of disputes. The increase in the number of disputes as a result of the growth of population resulted to back log of cases in ordinary courts of law and therefore, the introduction of Ward Tribunals which are manned by personnel with no legal knowledge. The establishment of Ward Tribunals was perceived as a solution to the problem of backlog of cases in ordinary courts. This research addresses the viability of Ward Tribunals in dispensation criminal justice which is a function of the ordinary courts, to see whether these Tribunals have helped to solve the problem of backlog of criminal cases in ordinary courts. The study used survey design and selected Bukoba District as a study area. Data Collection was done through questionnaires, observation and interviews. The study also used Secondary data, like law reports, text books and journals. Furthermore, a sample of sixty five respondents, who are members of Ward Tribunals, ordinary citizens, magistrates and lawyers. The study at the end came up with findings that Ward Tribunals are not viable to dispense criminal justice due to the fact that they are staffed with laypersons in the field of law and that, Ward Tribunals in dispensing criminal justice are exercising a function already being performed by the Primary Court. The study finally recommends to the government to amend the Ward Tribunal Act to remove completely the Ward Tribunals criminal jurisdiction in dispensing criminal justice