Bill to repeal Kadhi Courts Act tabled
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Reading the Bill, the Minister of State in the President’s Office, Mr Issa Haji Gavu, revealed that the decision was made after it was noted that the current law had a number of weaknesses.
Zanzibar. The Bill that seeks to repeal the 1985 Kadhi Court Act and which proposes an introduction of a new law to govern the court was on Wednesday read in the Zanzibar House of Representatives.
Reading the Bill, the Minister of State in the President’s Office, Mr Issa Haji Gavu, revealed that the decision was made after it was noted that the current law had a number of weaknesses.
The weaknesses include lack of proper guidelines governing the Court and the fact that it denies religious leaders powers to enforce legal actions against people who were found guilty of violating guidelines governing the court, according to Mr Gavu.
The minister read the Bill on behalf of the Minister of State in the President’s Office (Constitution, Legal Affairs, Public Service Management and Good Governance), Mr Haroun Ali Suleiman.
He also said the law denied external lawyers freedom to present their clients’ cases of appeals before the Kadhi courts.
“Women and children are the ones who usually seek legal resolutions in the Kadhi Court either due to divorce or something else relating to family conflicts, so, we believe the introduction of the new law will greatly support these groups,” he said.
Mr Gavu further revealed that the government of Zanzibar has already developed new proposals and called on House Representatives to cooperate with the government ahead of the introduction of the new law governing the Kadhi Court.
For his part, chairman of Zanzibar House of Representatives Legal Affairs Committee, Mr Machano Said, called upon House Representatives to support the government in establishing the new law governing the Kadhi Court.
Chake Chake Constituency House Representative Sarahan Suleiman said there were some Kadhi Court officials who should be investigated in order to avoid controversy when issuing legal resolutions on marriage relating to cases.
However, Civil Society Organisations that engage in human rights campaigns last week criticized the Bill, arguing it did not prioritise gender equality as it denied women from holding top positions in the religious court.
