Law society set to question position of CJ in court

        Dodoma. Tanganyika Law Society (TLS) plans to go to court to seek legal explanation on the position of the country’s Chief Justice (CJ).

TLS President Tundu Lissu told reporters yesterday that the legal fraternity has unanimously resolved to lodge an application in court, seeking a constitutional clarification on why President John Magufuli has until now “failed” to appoint new a CJ to succeed Judge Othman Chande who completed his tenure.

Mr Lissu said according to the law, TLS would have to first seek the consent of the Director of Public Prosecution (DPP) before going to court but in case the DPP declines, the lawyers’ body has vowed to find alternative means to voice their concern in the court of law.

The decision to go to court, Mr Lissu said, is part of what TLS described as a greater mission to restore the rule of law in Tanzania.

This resolution comes following a two-day meeting through the TLS Governing Council that took place in Dodoma recently.

Lissu said the TLS governing Council believes President John Magufuli is violating the Constitution by not appointing a CJ, and that TLS was aware that the Head of State, through Section 118(4), can appoint CJ when the position is vacant. “TLS believes that section of the law was not intended to allow the President to appoint, without putting time limit, an acting CJ to occupy the position the CJ,’’ said Mr Lissu. The TLS boss said the position of acting CJ is only temporary and is held by a person with potential to become a full-fledged CJ.

He added that TLS was dismayed by remarks made by Constitution and Legal Affairs Minister, Prof Palamagamba Kabudi, that the position of acting CJ did not have time limits. “This gives a wrong impression that perhaps the current acting CJ does not qualify to be in that position or that there is no person in the entire legal fraternity or Commonwealth who qualifies to become CJ,’’ said Mr Lissu at a press conference.