Nkupamah media:
THE Judiciary recently marked the Law Day with a specific message of how it strives to improve the delivery of justice, inviting collaboration from other pillars of the state -- the Executive and the Legislature.
Through its ongoing ‘Citizen-Centric
Judicial Modernization and Justice Delivery Project’, which has three
main strategic areas, namely Court Organization and Systems Development,
Skills and Performance Management and Access of Justice and
Partnerships for Citizen Centric Results, the Judiciary has already
achieved remarkable changes.
Addressing the gathering at the climax
of the celebrations here, the Judge In-Charge of the High Court
responsible for Mwanza Zone Robert Makaramba underscored the importance
of the three pillars, the Executive, the Judiciary and Legislature to
keep maintaining mutual collaboration to ensure delivery of justice.
He was of the view that if the three
pillars as well as other stakeholders play their part effectively,
public awareness on the right to legal services, information and
education will drastically increase leading to reduction of crime in the
society. “We need to embark on the fact the Judiciary is supposed to
offer free and timely justice since it is not a commodity on the market.
The Executive should put an enabling
environment while the Legislature should ensure that the enacted laws
are crafted in a plain language which can be understood by ordinary
people,” he said.
Referring to this year’s theme which
reminded the Judiciary and the Executive to treat justice seekers as
clients who are entitled to be served with dignity and humility, Judge
Makaramba said the two should not just see such a client as an outsider
coming to interrupt operations.
He said it is time for the Judiciary to
set up and vigorously implement the Client Service Charter that will
assist in change of mindset towards how it perceives a client against a
normal aggrieved justice seeker coming to pursue his or her rights.
Quoting the father of India’s
independence struggle Mahatma Gandhi, he said: “A customer is the most
important visitor on our premises. He is not dependent on us but we are
dependent on him.
He is an interruption in our works but
he is a purpose of it. He is not an outsider in our business but on the
contrary, he is part of it.” He said anybody knocking on the government
doors for any service was an important guest.
“The theory on justice delivery service ,
a court as a justice service provider and the citizen as justice
service client brings us to the dire need for the Judiciary to discharge
justice all the time to avoid prolonged conflicts turning into
disputes,” he said.
However, despite the caution that
basically legal service is not there for sale, it was evident that many
private lawyers and advocates still impose some charges before one can
access justice.
For that matter, Judge Makaramba advised
that the government has to establish a special body to assist the poor
citizen get legal aid in support of few firms that are providing free
legal services in favour of few lucky members of the community.
Other important components in the
justice delivery chain were reviewed with Judge Makaramba remaining
categorically critical on the contribution of the private lawyers and
the media reminding them to remain loyal and patriotic while serving the
public by providing direct services or education and information on
legal issues.
The media as the Fourth Estate has also
witnessed transformation in recent years which include the application
of the social media as well as other modern gadgets in gathering and
disseminating information.
At this juncture, the media was warned
over misuse of the freedom of speech and information to spread hatred
which ultimately lead into criminals taking laws in their hands for
excuses of ignorance of the law.
The chairman of the Tanzania Law Society
(TLS), Mwanza Chapter, Mr Stephen Magoiga, said time has come for
lawyers to carry out self assessment to win public confidence.
“Some of us are not in good books of the
public especially our clients. While the Judiciary has opted to conduct
own self assessment, it is equally crucial that we also cross examine
our contribution on the timely and fair delivery of justice to all,”
said Mr Magoiga.
Mr Magoiga said that advocates can
volunteer in bringing their services closer to the people in need,
urging LS members to take up the challenge. Mwanza Regional
Commissioner, Mr Magesa Mulongo, said that surveys indicate a
substantial number of people still avoid presenting their cases to the
courts because of corruption in the judiciary.
Although the trend has improved as a
result of reforms going on in the Judiciary, there was still a public
perception on the existence of advocates and other staff acting as
conmen to the poor people seeking justice, Mr Mulongo said.
He called for extension of legal
services to the grassroots level where many acts of crime are being
reported. Mr Mulongo challenged the police force to closely work with
other government machinery and the public to combat crime.
There were prayers for the Fifth Phase
Government administered by Fr Joseph Mchone on behalf of the Episcopal
Conference of Tanzania and the Mwanza Regional Sheikh Salum Fereji. They
joined other speakers to plead for the restoration of peace, harmony
and tranquility in the country.
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