Abstract:
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.
