Вы находитесь на странице: 1из 8

r------>

C(}DF: OF CONDUCT FOR JUDICIAL

OFFICERS OF TANZANIA

CODE OF CONDUCT FOR JUDICIAL OFFICERS OF ThNZANIA

Whereas an independent, strong, and respected and respectable Judiciary is indispensable Jor the impartial administration of Justice in a democratic state. And whereas a Judicial Officer should therefore actively participate in establishing, maintaining and enforcing, and himself observing, high standards of conduct so that the integrity and respect for the independence of the Judiciary is preserved: And whereas the Judicial duties of a Judicial Officer, which include all the duties of his office prescribed by law, take precedence over all his other activities: And whereas it is desirable that standards of conduct which a Judicial Officer should observe be prescribed and published for the information ofthe Judicial Officer himself and the public in general so that the objectives set out in this preamble may be achieved: Therefore, the Judges' and Magistrates' Conference held at Arusha from 15th to 16th March, 1984, hereby adopt this Code of Conduct for Judicial Officers of Tanzania.

(i)

(ii) (iii)

In this Code the term "Judicial Officer" shall mean and include any Judge and Magistrate of ,my description employed or appointed in the Judicial Department of Tanzania. The Code shall have applications to Tanzania Mainland only. Violation of any of the rules contained in this Code shall constitute Judicial misconduct or misbehaviour and may entail disciplinary action.

A Judicial Officer should avoid impropriety and the appearance of impropriety in all his activities

A Judicial Officer should respect and comply with the laws of the land and should conduct himself at all times in a manner that pwmotes public confidence in the integrity and imparticiality of the Judiciary. He would therefore be undermining these values ifhe allowed Iris family, social or other relationships to influence his Judicial conduct andjudgement, ifhe lent the prestige of his office to advance the private interests of others, i.e; by voluntarily testifYing as to their character or by standing surety unless he is required by law so to do. In sum a Judicial Officer should not conveyor permit others to convey the impression that they are in a special position to influence him.

(1) A Judicial Officer should be true and faithful to the law and should acquire and maintain such professional competence in it as to enable him m;hieve. its proper and smooth adnrilristration. (2) In Judicial proceedings before him a Judicial Officer should maintain order and decorum. (3) A Judicial Officer should be patient, dignified and courteous to accused persons and litigants, assessors, witnesses, lawyers, and all others with whom he has to deal in his official capacity and should require similar conduct oflawyers, his staff, and others subject to his direction and control. (4) A Judicial Officer should accord to every person who is legally interested in a proceeding, or his legal representative full right to be heard according to law. and except as authorized by law, neither initiate nor consider ex-parte or other communications concerning a pending or impending proceeding. This, however, does not preclude a Judicial Officer from consulting with other judicial officers and other persons whose function is to aid him in carrying Ollt his adjudicative duties or, subject to adequate notice, from obtaining the advice and views of disinterested expert on legal issues as an amicus curiae.

(5) A Judicial Officer should dispose of promptly the business of Court. In order to achieve this the Judicial Officer is required to devote adequate time to his duties, to be punctual in attending Court and expeditions in bringing to a conclusion and determining matters under submission. A Judicial Officer should insist that Court Officials, accused persons, litigants and their lawyers co-operate with him to that end. (6) A Judicial Officer should abstain from comment about a pending or impending proceeding in any Court in this country, and should require similar abstention on the part of court personnel subject to his direction and control. This provision does not prohibit a Judicial Officer from making statements in the course of his official duties or from explaining for explaining for public or private information the procedure of the court provided such statements are not prejudicial to the integrity of the Judicial and the administration of justice.
(1) As temperate conduct of judicial proceedings is essential to the fair, administration of justice, a }11cJicial Officer should prohibit broadcasting, televising, recording of or photographing in the court room and areas immed 1ately adjacent thereto during sessions of COUll or recesses between sessions in order to prevent the distortion or dramatisation of the proceedings by such recording or reproduction. But a Judicial Officer may autho-

rize:
(a) (b) (c) The use of electronic or photographic means for the presentation of evidence, for the perpetuation of record or for other purposes of Judicial administration; the broadcasting, televising, recording or photographing of investitive and other ceremonial proceedings; the photographic or electronic recording and reproduction of appropriate court proceedings under the following conditions: (i) the means of recording will not distract participants or impair the dignity of the proceedings; (ii) the reproduction will not be exhibited until after the proceedings have been concluded and all direct appeals have been exhausted.

1. A Judicial Officer should diligently discharge his administrative duties, maintain professional competence in judicial administration ,md facilitate the performance of
the- '1(hl1jni,tr~tive duties of otherjlldici<ll officers :md COllrt offici:lls

2. A Judicial Officer should require his staff and other court officials subject to his direction and control to observe the standards of fidelity and diligence that apply to him.

(b) "fiduciary" includes such relationships as executor, administrator, trustee and guardian; (c) "financial interest" means ownership of a legal or equitable interest, however small, or other active participant in the affairs of a party except that: (i) ownership in a mutual or common investment fund which holds securities. is not a "financial interest" in such securities" in such securities unless the Judicial Officer participates in the management of the fund; (n) an office in an educational, religious, charitable, fraternal or civic organization is not a "financial interest" in securities held by the organization; (ill) the proprietory interest of a policy holder in a mutual savings society or silnilar proprietory interest, is a ''financial interest" in the organization only if the outcome of the proceedings could substantially affect the vnIne of the interest: (iv) ownership of govenunent securities is a "financial interest" in the issues only if the outcome of t...'lc proceedings could substantially affect the value of the st:curitics.

A Judicial Officer disqualified by the temlS of Rule 2c (1) or Rule 2c (I ) (d) may instead of withdrawing from the proceedingsdisc1ose on the record the basis of his disqualification. Ifbased on such disclosure, the parties, their representatives and/or their lawyers, independently of the Judicial Officer participation, all agree that the Judicial Officers relationship is immaterial or that his financial interest is insubstantial, the Judicial Officer is no longer disqualified and may participate in the proceedings. The consent by the parties, their representatives and/or their lawyers shall be recorded and shall form part of the record of proceedings.

A Judicial OffICer may engage in activities to improve the Law, the Legal system andtheAdministration of Justice A Judicial Officer, subject to the proper performance of his judicial duties, may engage in the followingquasijudical activities if in doing so he does not cast doubt on his capacity to decide impartially issue that may come before him.

B.

He may appear at a public hearing before an executive of legislative body or official on matters concerning the law, the legal system and the administration of justice, and he may otherwise consult with an executive or legislative body or official, but only on matters concerning the administrative of justice. He may serve as a member,. officer or director of an organization or government agency devoted to the improvement of the law, the legal system, or the administration or justice. He may assist such an organization in raising funds and may participate in their management and investment. He may make recommendations to public and private fund granting agencies or projects and programmes concerning the law, the legal system and the administration of justice.

A Judicial Officer should regulate his Extra-Judicia/Activities to minimise the risk of conflict with his Judicial duties A AvocationalActivities - A Judicial Officer may write, lecture, teach and speak on
legal subjects, and engage in the arts, sports and other social and recreatio:pal activities, if such avocational activities do not adversely affect the dignity of his office or interfere with the performance of his judicial duties. This rule is meant to keep Judicial Officers, within dignified limits as a part and parcel of the society in which they live so that they are not isolated from it.

Civic and CharitableActivities - A Judicial Officer may participate in civic and charitable activities that do not reflect adversely upon his impartiality or interfere with the performance of his judicial duties. He may therefore serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members subject to the condition that he should not serve if it is likely that the organization will be engaged in proceedings which would ordinarily come before him or will be regularly involved in legal proceedings in any court.

grandchild, parent, grandparent. or other relative or person with whom the Judicial Officer maintains a close farniliar relationship. In this capacity, i.c .. family fiduciary. a Judicial Officcr is subject 10 the follo\viug conditions: (i) he should not serve if it is likely that as a fiduci;u) he will be engaged in proceedings '.vhich \vould ordinarily come before him. or if the estalC. trust. or ward becomes involved in legal proceedings in the court to which he serves or one under its appellate jurisdiction: (ii) whiIe actim. il'; a fiduciary a Judicial Officer is subject LI ihe sam: rcstrici ions in financial activities which apply to him in his personal capacity.

Вам также может понравиться